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19-Jul-1980

41

The Essential Services Maintenance (Assam) Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/18944/1/A1980-41.pdf

central

# THE ESSENTIAL SERVICES MAINTENANCE (ASSAM) ACT, 1980 # _______ # ARRANGEMENT OF SECTIONS # ________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Power to prohibit strikes in certain employments. 4. Dismissal of employees participating in illegal strikes. 5. Penalty for illegal strikes. 6. Penalty for instigation, etc. 7. Penalty for giving financial aid to illegal strikes. 8. Power to arrest without warrant. 9. Offences to be tried summarily. 10. Act to override other laws. 11. Repeal and saving. 1 ----- # THE ESSENTIAL SERVICES MAINTENANCE (ASSAM) ACT, 1980 # ACT NO. 41 OF 1980 [19th July, 1980.] An Act to provide for the maintenance of certain essential services and the normal life of the community in Assam. BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— # 1. Short title and extent.—(1) This Act may be called the Essential Services Maintenance (Assam) Act, 1980. (2) It extends to the whole of the State of Assam. **2. Definitions.—** (1) In this Act, unless the context otherwise requires,— 1[***] 2[(b) “essential service” means— (i) any transport services for the carriage of passengers or goods, by land or water with respect to which the Legislative Assembly of the State of Assam has power to make laws; (ii) any service connected with the production, storage, supply or distribution, as the case may be, of gas or water; (iii) any service connected with the maintenance of public health and sanitation, including hospitals and dispensaries; (iv) any public services and posts in connection with the affairs of the State, and also persons appointed to the secretarial staff of the Legislative Assembly of the State of Assam; (v) any other service or employment or class thereof, connected with matters with respect to which the Legislative Assembly of the State of Assam has power to make laws and which the State Government, being of opinion that strikes therein would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of the supplies and services necessary for the life of the community or would result in the infliction of grave hardship on the community, may, by notification in the official gazette, declare to be an essential service for the purpose of this Act; (bb) ‘State Government’ means the State Government of Assam;] (c) “strike” means the cessation of work by a body of persons employed in any essential service acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or who have been so employed to continue to work or to accept employment, and includes— 1. Omitted by Act, 40 of 1981, s. 13, for clause (a) (w.e.f. 26-7-1981). 2. Subs. by s. 13, ibid, for clause (b) (w.e.f. 26-7-1981). - Act 40 of 1981 shall cease to have effect on the expiry of nine years from the date of assent to the Act 40 of 1981 i.e, (23-91981). 2 ----- (i) refusal to work overtime where such work is necessary for the maintenance of any essential service; (ii) any other conduct which is likely to result in, or results ill, cessation or substantial retardation of work in any essential service. (2) Every notification issued [1][under sub-clause (v)] of clause (6) of sub-section (1) shall be laid before each House of Parliament immediately after it is made if it is in session and on the first day of the commencement of the next session of the House if it is not in session, and shall cease to operate at the expiration of forty days from the date of its being so laid or from the re-assembly of Parliament, as the case may be, unless before the expiration of that period a resolution approving the issue of the notification is passed by both Houses of Parliament. _Explanation.— Where the Houses of Parliament are summoned to re- assemble on different dates, the_ period of forty days shall be reckoned from the later of those dates. (3) Any reference in this Act to any law which is not in force in any area of the State of Assam and to any authority under such law shall, in relation to that area, be construed as a reference to the corresponding law in force in that area and to the corresponding authority under such corresponding law. **3. Power to prohibit strikes in certain employments.— (1) If the [2][State Government] is satisfied** that in the public interest it is necessary or expedient so to do, it may, by general or special Order, prohibit strikes in the State of Assam in any essential service specified in the Order. (2) An Order made under sub-section (1) shall be published in such manner as the [2][State Government] considers best calculated to bring it to the notice of the persons affected by the Order. (3) An Order made under sub-section (1) shall be in force for six months only, but the [2][State Government] may, by a like Order, extend it for any period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do. (4) Upon the issue of an Order under sub-section (1), — (a) no person employed in any essential service to which the Order relates shall go or remain on strike; (b) any strike declared or commenced, whether before or after the issue of the Order, by persons employed in any such service shall be illegal. **4. Dismissal of employees participating in illegal strikes.— Any person who commences a strike** which is illegal under this Act, or goes or remains on, or otherwise takes part in, any such strike, shall be liable to disciplinary action (including dismissal) in accordance with the same pro-visions as are applicable for the purpose of taking such disciplinary action (including dismissal) on any other ground under the terms and conditions of service applicable to him in relation to his employment. **5. Penalty for illegal strikes.— Any person who commences a strike which is illegal under this Act,** or goes or remains on, or otherwise takes part in, any such strike 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. **6. Penalty for instigation, etc.—Any person who instigates or incites other persons to take part in, or** otherwise acts in furtherance of, a strike which is illegal under this Act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both. 1. Subs. by Act 40 of 1981, s. 13, for “under sub-clause (xiv)” (w.e.f. 23-9-1981). 2. Subs. by s. 13, ibid, for “appropriate Government” (w.e.f. 23-9-1981). 3 ----- **7.** **Penalty for giving financial aid to illegal strikes.—Any person who knowingly expends or** supplies any money in furtherance or support of a strike which is illegal under this Act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both. **8. Power to arrest without warrant.— Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act. **9. Offences to be tried summarily.— Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), all offences under this Act shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the [1][State Government] and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that in a case of conviction for any offence in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for any term for which such offence is punishable under this Act. **10.** **Act to override other laws.—The provisions of this Act and of any Order issued there under** shall have effect notwithstanding anything inconsistent therewith contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force. **11.** **Repeal and saving.—(1) The Essential Services Maintenance (Assam) Ordinance, 1980 (2 of** 1980), 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, as if this Act had come into force on the 6th day of April, 1980. 1. Subs. by Act 40 of 1981, s. 13, for “appropriate Government” (w.e.f. 23-9-1981). 4 -----

1-Sep-1980

46

The Brahmaputra Board Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1810/1/198046.pdf

central

# THE BRAHMAPUTRA BOARD ACT, 1980 _________ # 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 Brahmaputra Board. 5. Conditions of service of members. 6. Powers of Chairman and Vice-Chairman. 7. General Manager. 8. Financial Adviser. 9. Chief Engineers, Secretary and other officers. 10. Advisory Committees. CHAPTER III FUNCTIONS AND POWERS OF THE BOARD 11. Limits of the Brahmaputra Valley. 12. Master Plan for the control of floods, etc., in the Brahmaputra Valley. 13. Other functions of the Board. 14. Conditions subject to which the Board may perform its functions. 15. General powers of the Board. 16. Forwarding of, and Consultation with respect to, plans, etc., prepared by the Board. CHAPTER IV CONTROL BY CENTRAL GOVERNMENT 17. Directions and instructions by Central Government. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 18. Grants and loans by Central Government. 19. Constitution of Brahmaputra Board Fund. 20. Budget. 21. Annual report. 22. Accounts and audit. CHAPTER VI MISCELLANEOUS 23. Disputes between the Board and the State Governments. 24. Removal, etc., of members. 25. Power to enter. 26. Members, officers and employees of the Board to be public servants. 27. Protection of action taken in good faith. 28. Power to make rules. 29. Power to make regulations. 30. Rules and regulations to be laid before Parliament. ----- # THE BRAHMAPUTRA BOARD ACT, 1980 # ACT NO. 46 OF 1980 [1st September, 1980.] # An Act to provide for the establishment of a Board for the planning and integrated implementation of measures for the control of floods and bank erosion in the Brahmaputra Valley and for matters connected therewith. 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 Brahmaputra Board Act, 1980.** (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Declaration as to expediency of control by 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 Brahmaputra river valley to the extent hereinafter provided. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Brahmaputra Board established under section 4; (b) “Brahmaputra Valley” means the inter-State Brahmaputra river valley as demarcated under section 11; (c) “Fund” means the Brahmaputra Board Fund constituted under section 19; (d) “Master Plan” means the Master Plan for the control of floods, bank erosion and improvement of drainage in the Brahmaputra Valley prepared under section 12 and includes, where it is prepared in parts, each such part; (e) “member” means a member of the Board; (f) “prescribed” means prescribed by rules made under this Act; (g) “regulations” means regulations made by the Board under this Act; (h) “rules” means rules made by the Central Government under this Act; (i) “State Government”, in relation to a Union territory, means the administrator thereof appointed under article 239 of the Constitution. CHAPTER II ESTABLISHMENT OF THE BOARD **4. Establishment and incorporation of the Brahmaputra 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 Brahmaputra 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 Board shall consist of the following members, namely:— (a) a Chairman and a Vice-Chairman to be appointed by the Central Government; 1. 31st December, 1981, _vide notification No. G.S.R. 677(E), dated 28th December, 1981,_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(i). ----- (b) the General Manager of the Board and the Financial Adviser to the Board, ex officio; (c) a member each to represent respectively the Governments of Assam, Meghalaya, Nagaland, Manipur and Tripura and the Administrations of Arunachal Pradesh and Mizoram, and the NorthEastern Council constituted under section 3 of the North-Eastern Council Act, 1971 (84 of 1971), to be appointed by the Central Government; (d) a member each to represent respectively the Ministries of the Central Government dealing with agriculture, irrigation, finance, power and transport to be appointed by the Central Government; (e) a member each to represent respectively the Central Water Commission, the Central Electricity Authority, the Geological Survey of India, the India Meteorological Department, to be appointed by the Central Government. (4) If any member, for infirmity or otherwise, is incapable of carrying out his duties or is absent on leave otherwise than in circumstances not involving the vacation of his appointment, the Central Government may appoint another person to act in his place. (5) Any officer of the Central Government, not being a member of the Board, if 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. (6) 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. (7) No act or proceeding of the Board shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board; or (b) any defect in the appointment of a person acting as a member of the Board; or (c) any irregularity in the procedure of the Board not affecting the merits of the case. (8) Subject to any rules made under this Act, the Board may constitute a Standing Committee consisting of the General Manager of the Board, Financial Adviser to the Board and three other members of the Board. (9) The Standing Committee constituted under sub-section (8) shall perform, exercise and discharge such of the functions, powers and duties of the Board as may be prescribed or as may be delegated to it by the Board. **5. Conditions of service of members.—The term of office of the members (other than the ex officio** members) and other conditions of service of the members shall be such as may be prescribed. **6. Powers of Chairman and Vice-Chairman.—(1) The Chairman shall, in addition to presiding** over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegated to him by the Board and such other powers and duties as may be prescribed. (2) The Vice-Chairman of the Board shall exercise and discharge such of the powers and duties of the Chairman as may be prescribed or as may be delegated to him by the Chairman. **7. General Manager.—(1) The Central Government shall appoint the General Manager of the Board.** (2) The terms and conditions of service of the General Manager shall be such as may be prescribed. (3) Subject to the general superintendence and control of the Board and the Chairman of the Board, the General Manager shall be the Chief Executive Authority of the Board. (4) The General Manager shall exercise and discharge such of the powers and duties of the Chairman as may be prescribed or, as may be delegated to him by the Chairman, and such other powers and duties as may be prescribed by rules or determined by regulations. ----- **8. Financial Adviser.—(1) The Central Government shall appoint the Financial Adviser to the** Board. (2) The terms and conditions of service of the Financial Adviser shall be such as may be prescribed. **9. Chief Engineers, Secretary and other officers.—(1) The Central Government shall appoint—** (a) two Chief Engineers to assist the General Manager of the Board; and (b) the Secretary to the Board. (2) The Board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act. (3) The terms and conditions of service of the Chief Engineers, the Secretary and other officers and employees of the Board shall be such as may be determined by regulations. **10. Advisory Committees.—Subject to any rules made in this behalf, the Board may from time to** time constitute such Advisory Committees as may be necessary for the efficient discharge of its functions. CHAPTER III FUNCTIONS AND POWERS OF THE BOARD **11. Limits of the Brahmaputra Valley.—(1) As soon as may be after the commencement of this** Act, the Central Government shall, by notification in the Official Gazette, demarcate the limits of the Brahmaputra Valley for the purposes of this Act. (2) The Board shall perform such of its functions and exercise such of the powers within such areas in the Brahmaputra Valley as the Central Government may, by notification in the Official Gazette, specify from time to time: Provided that before issuing any notification in respect of any area under this sub-section, the Central Government shall consult the Government of the State within which such area is situated. **12. Master Plan for the control of floods, etc., in the Brahmaputra Valley.—(1) Subject to the** other provisions of this Act and the rules, the Board shall carry out surveys and investigations in the Brahmaputra Valley and prepare a Master Plan for the control of floods and bank erosion and improvement of drainage in the Brahmaputra Valley: Provided that the Board may prepare the Master Plan in parts with reference to different areas of the Brahmaputra Valley or with reference to different matters relating to such areas and may, as often as it considers necessary so to do, revise the Master Plan or any part thereof. (2) In preparing the Master Plan, the Board shall have regard to the development and utilization of the water resources of the Brahmaputra Valley for irrigation, hydro power, navigation and other beneficial purposes and shall, as far as possible, indicate in such plan the works and other measures which may be undertaken for such development. (3) The Master Plan shall be submitted to the Central Government as soon as may be after it has been prepared or, as the case may be, revised and the Central Government shall, after consultation with the State Governments concerned, approve the same subject to such modifications as it may deem fit. **13. Other functions of the Board.—(1) The Board shall also—** (a) prepare detailed reports and estimates in respect of the dams and other projects proposed in the Master Plan as approved by the Central Government and indicate in each case the cost attributable to different purposes or uses; (b) draw up standards and specifications for the construction, operation and maintenance of such dams and other projects; ----- (c) construct, with the approval of the Central Government, multi-purpose dams and works connected therewith proposed in the Master Plan as approved by the Central Government and maintain and operate such dams and works; (d) prepare, in consultation with the State Governments concerned, a phased programme for the construction by the State Governments of all dams and other projects proposed in the Master Plan as approved by the Central Government other than those referred to in clause (c); (e) perform any other such function which may be prescribed for the proper implementation of this Act; (f) perform such other functions as are supplemental, incidental or consequential to the functions specified in section 12 or in clauses (a) to (d), or prescribed under clause (e), of this sub-section. (2) Notwithstanding anything contained in clause (d) of sub-section (1), the Board may, with the prior approval of the Central Government, construct any dam or project referred to in that clause if it is satisfied, having regard to the cost of construction, and the expertise required for the construction, of any such dam or project, that it is expedient so to do. (3) The Board may maintain and operate any dam or project referred to in sub-section (2) for so long as it deems it necessary so to do. _Explanation.—For the purposes of this section, “multi-purpose dam” means a dam which is_ constructed for purposes of flood control and for other purposes. **14. Conditions subject to which the Board may perform its functions.—The performance by the** Board of the functions specified in, or prescribed under, sections 12 and 13 shall be subject to the following conditions, namely:— (a) no multi-purpose dam referred to in clause (c) of sub-section (1) of section 13 shall be constructed by the Board unless the State Governments concerned make available the land required for the purpose; (b) no dam or project referred to in clause (d) of sub-section (1) of section 13 shall be constructed by the Board unless the State Governments concerned make available free of cost the land required for its execution and also undertake to take over its maintenance on and from the expiry of such period after its completion as may be specified by the Board; (c) no dam or other works shall be undertaken by the Board unless the State Governments concerned agree to provide all such assistance as may be required for the construction, operation and maintenance thereof; (d) such other conditions (including conditions relating to the sharing by the State Governments concerned of the whole or any part of cost of dam or other works constructed by the Board) as may be specified by the Central Government by general or special order published in the Official Gazette: Provided that before undertaking the construction of any such dam or other works, the Board shall apprise the State Governments concerned of the cost of construction of, and the benefits likely to accrue from, such dam or other works and the proportion in which the State Governments shall share such cost and benefits: Provided further that if the Board and the State Governments are unable to agree in respect of the sharing of the cost and benefits of any such dam or other works, the Board shall refer the matter to the Central Government for decision and the Central Government shall decide such matter after consulting the State Governments and the decision of the Central Government shall be final. **15. General 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 performing its functions under this Act. ----- (2) Without prejudice to the generality of the provisions of sub-section (1), the Board may— (a) publish statistics or other information relating to various aspects of flood control, bank erosion and drainage in the Brahmaputra Valley; (b) require the State Governments concerned to furnish to it information relating to the measures undertaken by them for the control of floods and bank erosion and improvement of drainage in the Brahmaputra Valley, topographical, meteorological and hydrological and other related data and such other information as the Board may require for the performance of its functions under this Act. **16. Forwarding of, and Consultation with respect to, plans, etc., prepared by the** **Board.—(1) The Board shall forward copies of the Master Plan, reports, estimates, standards and** specifications prepared by it to the Central Government and the State Governments concerned. (2) The Central Government and the State Governments concerned may consult the Board with regard to any matters connected with, or arising out of, such plan, reports, estimates or standards and specifications. (3) If, for any reason, a State Government considers it necessary to execute any project for the control of floods and bank erosion and drainage work in the Brahmaputra Valley and such project is not envisaged in the Master Plan or such project is intended to be executed by the State Government in a manner not in conformity with the Master Plan, the State Government may consult the Board with regard to the execution of the project and the Board may make such recommendations as it may deem fit: Provided that nothing contained in this sub-section shall be construed as imposing any requirement on any State Government to consult the Board with regard to the execution of any works which have become urgently necessary by reason of any emergency or other extraordinary circumstances. CHAPTER IV CONTROL BY CENTRAL GOVERNMENT **17. Directions and instructions by Central Government.—(1) The Central Government may, from** time to time, issue to the Board such directions and instructions as it may deem necessary for the efficient administration of this Act and the Board shall carry out such directions and instructions. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), the Central Government may, while granting (whether directly or through the Board and after due appropriation made by Parliament by law in that behalf) any financial assistance, by way of loans or grants for the execution by any State Government of any dam or other project referred to in clause (d) of sub-section (1) of section 13 after obtaining the approval of the State Government in this behalf, direct the Board to exercise all such powers as may be necessary for satisfying itself that the works are being executed in accordance with the standards and specifications laid down therefor by the Board. CHAPTER V FINANCE, ACCOUNTS AND AUDIT **18. Grants and loans by Central Government.—The Central Government may, after due** appropriation made by Parliament by law in this behalf, pay to the Board such sums of money as the Central Government may consider necessary. **19. Constitution of Brahmaputra Board Fund.—(1) There shall be constituted a Fund to be called** the Brahmaputra Board Fund and there shall be credited thereto the sums paid to the Board by the Central Government or by any State Government and all other sums received by the Board. (2) The Fund shall be applied— (a) for meeting the salary, allowances and other remuneration of the members, officers and other employees of the Board and other administrative expenses of the Board; (b) for meeting the expenditure on surveys and investigations undertaken by the Board; ----- (c) for meeting the cost of construction, operation and maintenance of projects undertaken by the Board; (d) for meeting the other expenses of the Board in the discharge of its functions under this Act ; and (e) if any sums are received by the Board under sub-section (2) of section 17, for the payment of such sums to the State Governments concerned. **20. 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 any State Government has undertaken to provide for, and forward the same to the Central Government. **21. Annual report.—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. **22. 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 VI MISCELLANEOUS **23. Disputes between the Board and the State Governments.—(1) If any dispute arises between** the Board and any State Government regarding any matter covered by this Act or touching or arising out of it, it shall be referred to the Central Government. (2) The Central Government shall endeavour to resolve the dispute by negotiations or conciliation in such manner as may be prescribed. (3) Notwithstanding anything contained in sub-section (2), if the Central Government considers, whether before initiating action for resolving a dispute by negotiations or conciliation or at any stage after initiating such action, that the dispute is of such a nature that it is necessary or expedient to refer it to arbitration, the Central Government shall, in such form and in such manner as may be prescribed, refer the matter in dispute to an arbitrator who shall be appointed by the Chief Justice of India. (4) The arbitrator may appoint two or more persons as assessors to assist him in the proceedings before him. (5) The decision of the arbitrator shall be final and binding on the parties to the dispute and shall be given effect to by them. (6) Nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to any arbitration under this section. **24. Removal, etc., of members.—(1) The Central Government may remove from the Board any** member who, in its opinion,— (a) refuses to act, (b) has become incapable to act, (c) has so abused his office as a member so as to render his continuance on the Board detrimental to the interests of the public, or (d) is otherwise unsuitable to continue as a member. (2) The Central Government may suspend any member pending an inquiry against him. (3) No order or removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the Central Government and when such order is passed, the seat of the member removed shall be declared vacant. ----- (4) A member who has been removed under this section shall not be eligible for reappointment as a member or in any capacity under the Board. (5) If the Board fails to carry out its functions or directions issued by the Central Government under this Act, the Central Government shall have power to reconstitute the Board. **25. 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 of its works or of making any survey, examination or investigation, preliminary or incidental to the exercise of powers or the performance of the functions by the Board under this Act: Provided that no such officer shall enter any building or 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. **26. Members, officers and employees of the Board to be public servants.—All members, 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). **27. Protection of action taken in good faith.—(1) No suit prosecution or other legal proceedings** shall lie against the Government or any officer of the Government or any member, officer or employee of the 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 failures of works. **28. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the matters with respect to the standing committee of the Board referred to in sub-section (8) and (9) of section 4; (b) the term of office of members (other than the _ex officio members), and other conditions of_ service of the members, of the Board under section 5; (c) the powers and duties of the Chairman and Vice-Chairman under section 6; (d) the terms and conditions of service and the powers and duties of the General Manager under section 7; (e) the terms and conditions of service of the Financial Adviser under section 8; (f) the conditions and restrictions with respect to carrying out surveys and investigations and preparation of a Master Plan under sub-section (1) of section 12 and other matters relating thereto; (g) the additional functions of the Board under clause (e) of sub-section (1) of section 13; (h) the conditions and restrictions with respect to the general power of the Board under sub-section (1) of section 15 and other matters relating thereto; (i) the form in which, and the time when, the Board shall prepare its budget under section 20 and its annual report under section 21, and the manner in which the accounts of the Board shall be maintained and audited under section 22; (j) the manner in which the Central Government shall endeavour to resolve, under sub-section (2) of section 23, the disputes referred to therein and the form and manner in which such disputes may be referred, under sub-section (3) of that section, to arbitration; ----- (k) the conditions and restrictions with respect to the exercise of the power to enter under section 25 and other matters relating thereto; (l) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules. **29. Power to make regulations.—(1) The Board may, with the previous approval of the Central** Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner in which, and the purposes for which, the Board may associate with itself any person under sub-section (6) of section 4; (b) the powers and duties of the General Manager of the Board which may be determined under sub-section (4) of section 7; (c) the terms and conditions of service of the Chief Engineers, the Secretary and other officers and employees of the Board under sub-section (3) of section 9; (d) any other matter in respect of which provision is to be or may be made by regulations. **30. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. -----

3-Dec-1980

52

The Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1825/1/198052.pdf

central

# THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM, ACT, 1980 __________ # ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Declaration of the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, as an institution of national importance. 3. Definitions. 4. Incorporation of Institute. 5. Composition of Institute. 6. Term of office of and vacancies among members. 7. President of Institute. 8. Allowances of President and members. 9. Meetings of Institute. 10. Governing Body and other committees of Institute. 11. Staff of Institute. 12. Objects of Institute. 13. Functions of Institute. 14. Vesting of property. 15. Payment to Institute. 16. Fund of Institute. 17. Budget of Institute. 18. Accounts and audit. 19. Annual report. 20. Pension and provident funds. 21. Authentication of orders and instruments of Institute. 22. Acts and proceedings not to be invalidated by vacancies, etc. 23. Grant of medical degrees, diplomas, etc., by Institute. 24. Recognition of medical qualifications granted by Institute. 25. Control by Central Government. 26. Disputes between Institute and Central Government. 27. Returns and information. 28. Transfer of service of existing employees. 29. Continuance of facilities at Institute. 30. Power to remove difficulties. 31. Power to make rules. 32. Power to make regulations. 33. Rules and regulations to be laid before Parliament. ----- # THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM ACT, 1980 ACT NO. 52 OF 1980 [3rd December, 1980.] # An Act to declare the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, in the State of Kerala, to be an institution of national importance and to provide for its incorporation and matters connected therewith. BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Sree Chitra Tirunal Institute for** Medical Sciences and Technology, Trivandrum, Act, 1980. (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 the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in** **Specialities, Trivandrum, as an institution of national importance.—Whereas the objects of the Sree** Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, in the State of Kerala, are such as to make the institution one of national importance, it is hereby declared that the institution, known as the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, is an institution of national importance. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Chairman” means the Chairman of the Governing Body; (b) “Director” means the Director of the Institute; (c) “Fund” means the Fund of the Institute referred to in section 16; (d) “Governing Body” means the Governing Body of the Institute; (e) “Institute” means the institution known as the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum, incorporated under this Act; (f) “member” means a member of the Institute; (g) “President” means the President of the Institute; (h) “regulation” means a regulation made by the Institute; (i) “rule” means a rule made by the Central Government. **4. Incorporation of Institute.—The Sree Chitra Tirunal Medical Centre Society for Advanced** Studies in Specialities, Trivandrum, is hereby constituted a body corporate by the name of Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum, and as such body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued. **5. Composition of Institute.—The Institute shall consist of the following members, namely:—** (a) the Vice-Chancellor of the Kerala University, ex officio; (b) the Director-General of Health Services, Government of India, ex officio; (c) the Director, ex officio; (d) four members to be nominated by the Central Government to represent respectively the Departments or, as the case may be, Ministries of that Government dealing with Science and Technology, Health, Finance and Education; 1. 1st March, 1981, vide notification No. G.S.R. 254(E), dated 17th February, 1981, see Gazette of India, Extraordinary, Part II, sec. 3(i). ----- (e) two members to be nominated by the Government of the State of Kerala to represent respectively the Departments or, as the case may be, Ministries of that Government dealing with Planning, Science and Technology and Health; (f) three scientists of whom two shall be medical scientists and one shall be a social scientist, to be nominated by the Central Government in the manner prescribed by rules; (g) three scientists representing engineering and technology to be nominated by the Central Government in the manner prescribed by rules; (h) the Head of the Biomedical Technology Wing of the Institute, ex officio; (i) three representatives of the medical faculties of Indian Universities to be nominated by the Central Government in the manner prescribed by rules; and (j) three members of Parliament of whom two shall be elected from among themselves by the members of the House of the People and one from among themselves by the members of the Council of States. **6. Term of office of and vacancies among members.—(1) Save as otherwise provided in this** section, the term of office of a member shall be five years from the date of his nomination or election. (2) The term of office of a member elected under clause (j) of section 5 shall come to an end as soon as he ceases to be a member of the House from which he was elected. (3) The term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member. (4) The term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected. (5) An outgoing member other than a member elected under clause (j) of section 5 shall, unless the Central Government otherwise directs, continue in office until another person is nominated as a member in his place. (6) An outgoing member shall be eligible for re-nomination or reelection. (7) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office until his resignation is accepted by that Government. (8) The manner of filling vacancies among members shall be such as may be prescribed by rules. **7. President of Institute.—(1) There shall be a President of the Institute who shall be nominated by** the Central Government from among the members other than the Director. (2) The President shall exercise such powers and discharge such functions as are laid down in this Act or as may be prescribed by rules or regulations. **8. Allowances of President and members.—The President and other members shall receive such** allowances, if any, from the Institute as may be prescribed by rules. **9. Meetings of Institute.—The Institute shall hold its first meeting at such time and place as may be** appointed by the Central Government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that Government; and thereafter the Institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations. **10. Governing Body and other committees of Institute.—(1) There shall be a Governing Body of** the Institute which shall be constituted by the Institute in such manner as may be prescribed by regulations: Provided that the number of persons who are not members of the Institute shall not exceed one-third of the total membership of the Governing Body. ----- (2) The Governing Body shall be the Executive Committee of the Institute and shall exercise such powers and discharge such functions as the Institute may, by regulations made in this behalf, confer or impose upon it. (3) The President shall be the Chairman of the Governing Body and as Chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations. (4) The procedure to be followed in the exercise of its powers and discharge of its functions by the Governing Body, and the term of office of, and the manner of filling vacancies among, the members of the Governing Body shall be such as may be prescribed by regulations. (5) Subject to such control and restrictions as may be prescribed by rules, the Institute may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any function of the Institute or for inquiring into, or reporting or advising upon, any matter which the Institute may refer to them. (6) The Chairman and members of the Governing Body and Chairman and members of a standing committee or an _ad hoc committee shall receive such allowances, if any, as may be prescribed by_ regulations. **11. Staff of Institute.—(1) There shall be a chief executive officer of the Institute who shall be** designated as the Director of the Institute and shall, subject to such rules as may be made in this behalf, be appointed by the Institute: Provided that the first Director of the Institute shall be appointed by the Central Government. (2) The Director shall act as the Secretary to the Institute as well as the Governing Body. (3) The Director shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the Institute or the President or by the Governing Body or the Chairman. (4) Subject to such rules as may be made in this behalf, the Institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees. (5) Subject to such rules as may be made in this behalf, the Director and other officers and employees of the Institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, gratuity, provident fund and other matters as may be prescribed by regulations made in this behalf. **12. Objects of Institute.—The objects of the Institute shall be—** (a) to promote biomedical engineering and technology; (b) to provide and demonstrate high standards of patient care in advanced medical specialities; and (c) to develop post-graduate training programmes of the highest quality in advanced medical specialities and biomedical engineering and technology. **13. Functions of Institute.—With a view to the promotion of the objects specified in section 12, the** Institute may,— (a) provide for post-graduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences; (b) provide facilities for research in the various branches of such sciences; (c) conduct experiments in integrated methods of post-graduate medical and technological education in order to arrive at satisfactory standards of such education; (d) prescribe courses and curricula for post-graduate studies; ----- (e) provide for post-graduate teaching and training in biomedical sciences and technology; (f) notwithstanding anything contained in any other law for the time being in force, establish and maintain— (i) one or more well equipped hospitals; and (ii) one or more centers for research and development in biomedical technology; (g) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in post-graduate medical education and biomedical technology as may be laid down in the regulations; (h) institute and appoint persons to professorships, readerships, lecturerships and posts of any description in accordance with the regulations; (i) receive grants from the Governments and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be; (j) deal with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in section l2; (k) demand and receive such fees and other charges as may be prescribed by regulations; and (l) do all other acts and things as may be necessary to further the objects specified in section 12. **14. Vesting of property.—All properties which had vested in the Sree Chitra Tirunal Medical Centre** Society for Advanced Studies in Specialities, Trivandrum, immediately before the commencement of this Act, shall, on and from such commencement, vest in the Institute. **15. Payment to Institute.—The Central Government may, after due appropriation made by** Parliament by law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as may be considered necessary by that Government for the exercise of its powers and discharge of its functions under this Act. **16. Fund of Institute.—(1) The Institute shall maintain a Fund to which shall be credited—** (a) all moneys provided by the Central Government and the Government of Kerala; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Central Government, decide. (3) The Fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its functions under section 13. **17. Budget of Institute.—The Institute shall prepare, in such form and at such time every year, as** may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the Institute and shall forward to the Central Government such number of copies thereof as may be prescribed by rules. **18. Accounts and audit.—(1) The Institute shall maintain proper accounts and other relevant records** and prepare an annual statement of accounts including the balance-sheet in such form as the Central Government may, by rules, prescribe, and in accordance with such general directions as may be issued by that Government, in consultation with the Comptroller and Auditor General of India. ----- (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of 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 Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the Institute as well as of the institutions established and maintained by it. (4) The accounts of the Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament. **19. Annual report.—The Institute shall prepare for every year a report of its activities during that** year and submit the report to the Central Government in such form and on or before such date as may be prescribed by rules and a copy of the report shall be laid, as soon as may be after it is received, before both Houses of Parliament. **20. Pension and provident funds.—(1) The Institute shall constitute for the benefit of its officers,** teachers and other employees in such manner and subject to such conditions as may be prescribed by regulations, such pension and provident funds as it may deem fit. (2) Where any such pension or provident fund has been constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925, (19 of 1925) shall apply to such fund as if it were a Government Provident Fund. **21. Authentication of orders and instruments of Institute.—All orders and decisions of the** Institute shall be authenticated by the signature of the President or any other member authorised by the Institute in this behalf, and all other instruments shall be authenticated by the signature of the Director or any other officer of the Institute authorised in like manner in this behalf. **22. Acts and proceedings not to be invalidated by vacancies, etc.—No act done or proceeding** taken by the Institute, Governing Body or any standing or _ad hoc committee under this Act shall be_ questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Institute, Governing Body or such standing or ad hoc committee. **23. Grant of medical degrees, diplomas, etc., by Institute.—Notwithstanding anything contained in** any other law for the time being in force, the Institute shall have power to grant medical degrees, diplomas and other academic distinctions and titles under this Act. **24. Recognition of medical qualifications granted by Institute.—Notwithstanding anything** contained in the Indian Medical Council Act, 1956 (102 of 1956), the medical degrees and diplomas granted by the Institute under this Act shall be recognised medical qualifications for the purposes of that Act and shall be deemed to be included in the First Schedule to that Act. **25. Control by Central Government.—The Institute shall carry out such directions as may be issued** to it from time to time by the Central Government for the efficient administration of this Act. **26. Disputes between Institute and Central Government.—If in, or in connection with, the** exercise of its powers and discharge of its functions by the Institute under this Act, any dispute arises between the Institute and the Central Government, the decision of the Central Government on such dispute shall be final. **27. Returns and information.—The Institute shall furnish to the Central Government such reports,** returns and other information as that Government may require from time to time. ----- **28. Transfer of service of existing employees.—Subject to the provisions of this Act, every person** who was employed in the Sree Chitra Tirunal Medical Centre Society for Advanced Studies in Specialities, Trivandrum, immediately before the commencement of this Act shall, on and from such commencement, become an employee of the Institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to leave, pension, gratuity, provident fund and other matters as he would have held the same on the date of commencement of this Act if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Central Government. **29. Continuance of facilities at Institute.—The Institute shall continue to provide facilities to the** Government and people of the State of Kerala and the Central Government and such facilities shall not, in any respect, be less favourable to the said Governments and people than what were being provided to them before the commencement of this Act and shall be made available 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 Institute, the Government of the State of Kerala and the Central Government. **30. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, within a period of three years from the commencement of this Act, by order published in the Official Gazette, make such provisions or give such directions not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty. **31. Power to make rules.—(1) The Central Government, after consultation with the Institute, may,** by notification in the Official Gazette, make rules to carry out the purposes of this Act: Provided that consultation with the Institute shall not be necessary on the first occasion of the making of rules under this section, but the Central Government shall take into consideration any suggestions which the Institute may make in relation to the amendment of such rules after they are made. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of nomination of members under clauses (f), (g) and (i) of section 5; (b) the manner of filling vacancies among members under section 6; (c) the powers and functions to be exercised and discharged by the President under sub-section (2) of section 7; (d) the allowances, if any, to be paid to the President and other members under section 8; (e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10; (f) the appointment of the Director under sub-section (1) of section 11; (g) the number of officers and employees that may be appointed by the Institute and the manner of such appointment under sub-section (4) of section 11; (h) the salaries and allowances to be paid to the Director and other officers and employees of the Institute under sub-section (5) of section 11; (i) the form in which, and the time at which, the budget shall be prepared by the Institute and the number of copies thereof to be forwarded to the Central Government under section 17; (j) the form in which an annual statement of accounts including the balance-sheet shall be prepared by the Institute under sub-section (1) of section 18; (k) the form in which and the date before which, the report of the activities of the Institute shall be submitted to the Central Government under section 19; ----- (1) the form and manner in which reports, returns and other information are to be furnished by the Institute to the Central Government under section 27; (m) any other matter which has to be or may be prescribed by rules. **32. Power to make regulations.—(1) The Institute may, with the previous approval of the Central** Government, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for— (a) the powers and functions to be exercised and discharged by the President under sub-section (2) of section 7; (b) the summoning and holding of meetings, other than the first meeting, of the Institute under section 9, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum; (c) the manner of constituting the Governing Body and standing and _ad hoc committees under_ section 10, the term of office of, and the manner of filling vacancies among, the members of the Governing Body and standing and ad hoc committees; (d) the powers and functions to be exercised and discharged by the Governing Body and the Chairman under sub-sections (2) and (3) of section 10; (e) the allowances, if any, to be paid to the Chairman and the members of the Governing Body and of standing and ad hoc committees under sub-section (6) of section 10; (f) the procedure to be followed by the Governing Body and standing and _ad hoc committees_ in the conduct of their business, exercise of their powers and discharge of their functions under section 10; (g) the powers and functions to be exercised and discharged by the Director under sub-section (3) of section 11; (h) the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute including teachers appointed by the Institute under sub-section (5) of section 11; (i) the management of the properties of the Institute under section 13; (j) the degrees, diplomas and other academic distinctions and titles which may be granted by the Institute under clause (g) of section 13; (k) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lecturerships and other posts under clause (h) of section 13; (l) the fees and other charges which may be demanded and received by the Institute under clause (k) of section 13; (m) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the Institute under sub-section (1) of section 20; (n) matters relating to tenure of office, remuneration and terms and conditions of service of the persons referred to in section 28; (o) any other matter for which under this Act provisions may be made by regulations. (2) Notwithstanding anything contained in sub-section (1), the first regulations under this Act shall be made by the Central Government; and any regulations so made may be altered or rescinded by the Institute in exercise of its power under sub-section (1). ----- **33. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. -----

9-Dec-1980

54

The Hotel-Receipts Tax Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1834/1/198054.pdf

central

# THE HOTEL-RECEIPTS TAX ACT, 1980 ____________ # ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and extent. 2. Definitions. 3. Application of the Act. 4. Tax authorities. 5. Charge of tax. 6. Scope of chargeable receipts. 7. Computation of chargeable receipts. 8. Return of chargeable receipts. 9. Self-assessment. 10. Assessment. 11. Best judgment assessment. 12. Re-opening of assessment at the instance of the assessee. 13. Receipts escaping assessment. 14. Advance payment of hotel receipts tax. 15. Penalty for failure to furnish returns, comply with notices, concealment of receipts, etc. 16. Penality for false estimate of, or failure to pay, hotel-receipts tax payable in advance. 17. Opportunity of being heard. 18. Appeals to the Commissioner (Appeals). 19. Appeals to Appellate Tribunal. 20. Rectification of mistakes. 21. Hotel-receipts tax deductible in computing total income under Income-tax Act. 22. Revision of order prejudicial to revenue. 23. Revision of orders by Commissioner. 24. Application of provisions of Income-tax Act. 25. Income-tax papers to be available for the purposes of this Act. 26. Wilful attempt to evade tax, etc. 27. Failure to furnish returns of chargeable receipts. 28. Failure to produce accounts and documents. 29. False statement in verification, etc. 30. Abetment of false return, etc. 31. Punishment for second and subsequent offences. 32. Certain offences to be non-cognizable. 33. Institution of proceedings and composition of offences. 34. Power to make rules. 35. Power to exempt. 36. Power to remove difficulties. 37. [Repealed]. 1 ----- # THE HOTEL-RECEIPTS TAX ACT, 1980 ACT NO. 54 OF 1980 An Act to impose a special tax on gross receipts of certain hotels. [9th December, 1980.] BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Hotel-Receipts Tax Act, 1980.** (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 hotel-receipts 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 receipts or of the amount of refund due to him or of the chargeable receipts 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 reassessment; (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 receipts” means the total amount of all charges referred to in section 6, computed in the manner laid down in section 7; (6) “hotel” includes a building or part of a building where residential accommodation is, by way of business, provided for a monetary consideration; (7) “hotel-receipts tax” or “tax” means the tax chargeable under the provisions of this Act; (8) “Income-tax Act” means the Income-tax Act, 1961 (43 of 1961); (9) “prescribed” means prescribed by rules made under this Act; (10) “room charges” means the charges for a unit of residential accommodation in a hotel and includes the charges for— (a) furniture, air-conditioner, refrigerator, radio, music, telephone, television, and (b) such other services as are normally included by a hotel in room rent, but does not include charges for food, drink and any services other than those referred to in sub-clauses (a) and (b); (11) 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. Application of the Act.—(1) Subject to the provisions of sub-section (2) and sub-section (3), this** Act shall apply in relation to every hotel wherein the room charges for residential accommodation provided to any person at any time during the previous year are seventy-five rupees or more per day per individual. _Explanation.—Where the room charges are payable otherwise than on daily basis or per individual,_ then the room charges shall be computed as for a day and per individual based on the period of occupation of the residential accommodation for which the charges are payable and the number of 2 ----- individuals ordinarily permitted to occupy such accommodation according to the rules and custom of the hotel. (2) Where a composite charge is payable in respect of residential accommodation and food, the room charges included therein shall be determined in the prescribed manner. (3) Where— (i) a composite charge is payable in respect of residential accommodation, food, drink and other services, or any of them, and the case is not covered by the provisions of sub-section (2), or (ii) it appears to the Income-tax Officer that the charges for residential accommodation, food, drink or other services are so arranged that the room charges are understated and the other charges are overstated, the Income-tax Officer shall, for the purposes of sub-section (1), determine the room charges on such reasonable basis as he may deem fit. **4. Tax authorities.—(1) Every Director of Inspection, Commissioner of Income-Tax, Commissioner** of Income-tax (Appeals), Inspecting Assistant Commissioner of Income-tax, Income-tax Officer and Inspector of Income-tax shall have the like powers and perform the like functions under this Act as he has and performs under the Income-tax Act, and for the exercise of his powers and the performance of his functions, his jurisdiction under this Act shall be the same as he has under the Income-tax Act. (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 Commissioner (Appeals) in the exercise of his appellate functions. (3) Every Income-tax Officer employed in the execution of this Act shall observe and follow the orders, instructions and directions issued for his guidance by the Director of Inspection or by the Commissioner or by the Inspecting Assistant Commissioner within whose jurisdiction he performs his functions. **5. Charge of tax.—(1) Subject to the provisions of this Act, there shall be charged on every person** carrying on the business of a hotel in relation to which this Act applies, for every assessment year commencing on or after the 1st day of April, 1981, a tax in respect of his chargeable receipts of the previous year at the rate of fifteen per cent. of such receipts: Provided that where such chargeable receipts include any charges received in foreign exchange, then, the tax payable by the assessee shall be reduced by an amount equal to five per cent. of the charges (exclusive of the amounts payable by way of sales tax, entertainment tax, tax on luxuries or tax under this Act) so received in foreign exchange. _Explanation.—For the purposes of this sub-section,—_ (a) charges received in Indian currency obtained by conversion of foreign exchange into Indian currency shall, in such cases and in such circumstances as may be prescribed, be deemed to have been received in foreign exchange; and (b) “foreign exchange” and “Indian currency” shall have the meanings respectively assigned to them in clauses (h) and (k) of section 2 of the Foreign Exchange Regulation Act, 1973 (46 of 1973). 3 ----- (2) Where, under an arrangement made between a person carrying on the business of a hotel to which this Act applies and any other person having close connection with him, any food, drink or other services is or are provided on the premises of such hotel by the second-mentioned person and the Income-tax Officer is of opinion that such arrangement has been made with a view to avoiding or reducing the liability under this Act by the first-mentioned person, then,— (a) the second-mentioned person shall also be deemed to be a person carrying on the business of a hotel to which this Act applies; and (b) hotel-receipts tax shall be charged on the second-mentioned person in respect of charges for food, drink or other services so provided by him as if such charges were the chargeable receipts of the business of a hotel deemed to be carried on by him under clause (a), and all the provisions of this Act shall apply accordingly. _Explanation.—For the purposes of this sub-section,—_ (i) a close connection shall be deemed to exist between a person carrying on the business of a hotel and another person if, in relation to the person carrying on the business of a hotel, such other person is a person referred to in clause (b) of sub-section (2) of section 40A of the Income-tax Act; (ii) any food, drink or other service shall be deemed to have been provided on the premises of a hotel if the same is or are provided in the hotel or any place appurtenant thereto and where the hotel is situate in a part of building, in any other part of the building. **6. Scope of chargeable receipts.—(1) Subject to the provisions of this Act, the chargeable receipts of** any previous year of an assessee shall be the total amount of all charges, by whatever name called, received by, or accruing or arising to, the assessee in connection with the provision of residential accommodation, food, drink and other services or any of them (including such charges from persons not provided with such accommodation [1][but excluding such charges from persons within the purview of the Vienna Convention on Diplomatic Relations, 1961 or the Vienna Convention on Consular Relations, 1963]) in the course of carrying on the business of a hotel to which this Act applies and shall also include every amount collected by the assessee by way of tax under this Act, sales tax, entertainment tax and tax on luxuries. (2) For the removal of doubts, it is hereby declared that where any such charges have been included in the chargeable receipts of any previous year as charges accruing or arising to the assessee during that previous year, such charges shall not be included in the chargeable receipts of any subsequent previous year in which they are received by the assessee. **7. Computation of chargeable receipts.—(1) Subject to the provisions of sub-section (2), the** following deductions shall be allowed in computing the chargeable receipts of any previous year— (i) the amount of charges accruing or arising in an earlier previous year which is established to have become a bad debt during the previous year: Provided that such charges have been taken into account in computing the chargeable receipts of the assessee of any 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; (ii) any amount payable by way of sales tax, entertainment tax or tax on luxuries in respect of any charges included in the chargeable receipts of the previous year; (iii) the amount of tax chargeable under this Act. _Explanation.—For the removal of doubts, it is hereby declared that in computing the chargeable_ receipts of a previous year, no deduction, other than the deductions specified in this sub-section, shall be allowed from the total amount of charges received by, or accruing or arising to, the assessee. 1. Ins. by Act 14 of 1982, s. 41 (w.e.f. 1-4-1982). 4 ----- (2) In computing the chargeable receipts of a previous year, the amount of charges which is received by or which accrues or arises to the assessee before the expiry of one month from the end of the month in which this Act comes into force [1][or after the 27th day of February, 1982] shall not be taken into account. **8. Return of chargeable receipts.—(1) Every person, who, during the previous year, carried on the** business of a hotel in relation to which this Act applies or is assessable in respect of the chargeable receipts of any other person under this Act, shall furnish a return of his chargeable receipts or the chargeable receipts of such other person 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 expiry of four months from the end of the previous year in respect of the business of the hotel or where there is more than one previous year in respect of such business, from the end of the previous year which expired last before the commencement of the assessment year, or before the 30th day of June of the assessment year, whichever is later: Provided that, on an application made in this behalf, the Income- tax Officer may, in his discretion, extend the date for furnishing the return. (2) In the case of any person who, in the Income-tax Officer’s opinion is assessable under this Act, whether in respect of his own chargeable receipts or in respect of the chargeable receipts of any other person, the Income-tax Officer may, before the end of the relevant assessment year, issue a notice to him and serve the same upon him, requiring him to furnish within thirty days from the date of service of the notice a return of his chargeable receipts or the chargeable receipts of such other person of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed: Provided that on an application made in this behalf, the Income-tax Officer may, in his discretion, extend the date for furnishing the return. (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 before the assessment is made. **9. Self-assessment.—(1) Where any hotel-receipts tax is payable on the basis of any return required** to be furnished under section 8 or section 13 after taking into account the amount of hotel-receipts tax, if any, already paid under any provision of this Act, the assessee shall be liable to pay such tax before furnishing the return and the return shall be accompanied by proof of payment of such tax. (2) After an assessment under section 10 or section 11 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 hotel-receipts tax or any part thereof in accordance with the provisions of sub-section (1), the Income-tax Officer may direct that a sum equal to two per cent. of such tax or part thereof, as the case may be, shall be recovered from him by way of penalty for every month during which the default continues: Provided that before levying any such penalty, the assessee shall be given a reasonable opportunity of being heard. **10. Assessment.—(1) For the purpose of making an assessment under this Act, the Income-tax** Officer may serve on any person who has furnished a return under section 8 or upon whom a notice has been served under sub-section (2) of section 8 (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 other evidence as the Income-tax 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 Income-tax Officer, after considering such accounts, documents or other evidence, if any, as he has obtained under sub-section (1) and after taking into account any relevant material which he has 1. Ins. by Act 14 of 1982, s. 42 (w.e.f. 1-4-1982). 5 ----- gathered, shall, by an order in writing, assess the chargeable receipts and the amount of the hotel-receipts tax payable on the basis of such assessment. **11. Best judgment assessment.—If—** (a) any person fails to make the return required by any notice given under sub-section (2) of section 8 and has not made a return or a revised return under sub-section (3) of that section, or (b) any person having made a return, fails to comply with all the terms of a notice issued under sub-section (1) of section 10, or (c) the Income-tax Officer is not satisfied about the correctness or the completeness of the accounts of the assessee, the Income-tax Officer, after taking into account all relevant material which he has gathered shall make the assessment of the chargeable receipts to the best of his judgment and determine the sum payable by the assessee or refundable to the assessee on the basis of such assessment. **12. Re-opening of assessment at the instance of the assessee.—(1) Where an assessee assessed** under section 11 makes an application to the Income-tax Officer, within one month from the date of service of a notice of demand issued in consequence of the assessment, for the cancellation of the assessment on the ground— (i) that he was prevented by sufficient cause from making the return required under sub-section (2) of section 8, or (ii) that he did not receive the notice issued under sub-section (1) of section 10, or (iii) that he had not a reasonable opportunity to comply, or was prevented by sufficient cause from complying, with the terms of the notice referred to in clause (ii), the Income-tax Officer shall, if satisfied about the existence of such ground, cancel the assessment and proceed to make a fresh assessment in accordance with the provisions of section 10 or section 11. (2) Every application made under sub-section (1) shall be disposed of within ninety days from the date of receipt thereof by the Income-tax Officer: Provided that in computing the period of ninety days aforesaid, any delay in disposing of the application which is attributable to the assessee shall be excluded. **13. Receipts escaping assessment.—If—** (a) the Income-tax 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 8 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable receipts for that year have escaped assessment or have been under-assessed or have 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 Income-tax Officer has, in consequence of information in his possession, reason to believe that chargeable receipts assessable for any assessment year have escaped assessment or have been under-assessed or have been 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 assessee a notice containing all or any of the requirements which may be included in a notice under section 8 and may proceed to assess or reassess the amount chargeable to hotel-receipts 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. **14. Advance payment of hotel receipts tax.—(1) Hotel-receipts tax shall be payable in advance** during the financial year in respect of the chargeable receipts of the period which would be the previous year for the immediately following assessment year in accordance with the provisions of this section. 6 ----- (2) Hotel-receipts tax shall be payable in advance in two instalments on the following dates during the financial year, namely: (i) the 15th day of September in respect of the chargeable receipts attributable to the first half of the previous year; and (ii) the 15th day of March in respect of the chargeable receipts attributable to the second half of the previous year: Provided that the hotel-receipts tax payable in advance during the financial year commencing on the 1st day of April, 1980 shall be payable in one sum on the 15th day of March, 1981. (3) Every assessee shall, in each financial year, on or before such of the dates on which an instalment of hotel-receipts tax is payable in advance, send to the Income-tax Officer, an estimate of the chargeable receipts attributable to the relevant part of the previous year and the hotel-receipts tax payable in advance on such chargeable receipts and shall pay such amount of hotel-receipts tax as accords with his estimate on or before the relevant date specified in sub-section (2): Provided that in respect of the hotel-receipts tax payable in advance during the financial year commencing on the 1st day of April, 1980, the assessee shall send to the Income-tax Officer an estimate of the chargeable receipts attributable to the period which would be the previous year for the assessment year commencing on the 1st day of April, 1981 and the hotel-receipts tax payable in advance on such chargeable receipts and shall pay such amount of hotel-receipts tax as accords with his estimate on or before the 15th day of March, 1981. (4) Every estimate under this section shall be sent in the prescribed form and verified in the prescribed manner. (5) If any assessee does not pay on or before the specified date any instalment of hotel-receipts tax payable in advance, he shall be deemed to be an assessee in default in respect of such instalment. **15. Penalty for failure to furnish returns, comply with notices, concealment of receipts, etc.—(1)** If, in the course of any proceedings under this Act, the Income-tax Officer or the Commissioner (Appeals) is satisfied that any person— (a) has, without reasonable cause, failed to furnish the return of chargeable receipts which he was required to furnish under sub-section (1) of section 8 or by notice given under sub-section (2) of section 8 or section 13 or has, without reasonable cause, failed to furnish it within the time allowed and the manner required by sub-section (1) of section 8 or by such notice, as the case may be, or (b) has, without reasonable cause, failed to comply with the notice under sub-section (1) of section 10, or (c) has concealed the particulars of his chargeable receipts or furnished inaccurate particulars of such receipts, he may direct that such person shall pay by way of penalty,— (i) in the cases referred to in clause (a), in addition to the hotel-receipts tax payable by him, a sum equal to two per cent. of the assessed tax for every month during which the default continued, but not exceeding in the aggregate fifty per cent. of the assessed tax. _Explanation.—In this clause, “assessed tax” means hotel-receipts tax chargeable under the_ provisions of this Act, as reduced by the sum, if any, paid in advance under section 14; (ii) in the cases referred to in clause (b), in addition to the hotel-receipts tax payable by him, a sum which shall not be less than ten per cent. but which shall not exceed fifty per cent. of the amount of the hotel-receipts tax which would have been avoided if the return made by him had been accepted as correct; (iii) in the cases referred to in clause (c), in addition to the hotel-receipts tax payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of hotel-receipts tax which would have been avoided if the return made by him had been accepted as correct: 7 ----- Provided that in a case falling under clause (c), the Income-tax Officer shall not impose any penalty without the previous approval of the Inspecting Assistant Commissioner. (2) On making an order imposing a penalty under this section, the Commissioner (Appeals) shall forthwith send a copy of the same to the Income-tax Officer. **16. Penality for false estimate of, or failure to pay, hotel-receipts tax payable in advance.—If, in** the course of any proceedings in connection with the assessment under section 10 or section 11, the Income-tax Officer is satisfied that any assessee— (a) has furnished under section 14, an estimate of the hotel-receipts tax payable in advance by him which he knew or had reason to believe to be untrue, or (b) has, without reasonable cause, failed to furnish an estimate of the hotel-receipts tax payable in advance by him in accordance with the provisions of section 14, he may direct that the assessee shall, in addition to the hotel-receipts tax payable by him, pay by way of penalty a sum— (i) which, in the case referred to in clause (a), shall not be less than ten per cent. but shall not exceed one and a half times the amount by which the hotel-receipts tax paid in advance during the financial year immediately preceding the assessment year, falls short of eighty-five per cent. of the hotel-receipts tax chargeable under the provisions of this Act; (ii) which, in the case referred to in clause (b), shall not be less than ten per cent. but shall not exceed one and a half times of eighty-five per cent. of the hotel-receipts tax chargeable under the provisions of this Act. **17. Opportunity of being heard.—No order imposing penalty under section 15 or section 16 shall** be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. **18. Appeals to the Commissioner (Appeals).—(1) Any person objecting to the amount of** hotel-receipts tax for which he is assessed by the Income-tax Officer, or denying his liablility to be assessed under this Act, or objecting to an order under section 12 refusing to re-open an assessment made under section 11 or objecting to any penalty or fine imposed by the Income-tax Officer, or to the amount allowed by the Income-tax Officer by way of any relief under any provision of this Act, or to any refusal by the Income-tax 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 20, may appeal to the Commissioner (Appeals). (2) Every appeal shall be in the prescribed form and shall be verified in the prescribed manner. (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 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 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 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. 8 ----- **19. Appeals to Appellate Tribunal.—(1) Any assessee aggrieved by an order passed by a** Commissioner under section 22, or an order passed by 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 Commissioner (Appeals) under any provision of this Act, direct the Income-tax Officer to appeal to the Appellate Tribunal against the order. (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 Income-tax Officer or the assessee, as the case may be, on receipt or a notice that an appeal against the order of the 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 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 [1][two hundred rupees]. (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. **20. Rectification of mistakes.—(1) With a view to rectifying any mistake apparent from the record,** the Income-tax Officer, the Commissioner (Appeals), the Commissioner and the Appellate Tribunal may, of his or its own motion or on an application by the assessee in this behalf, or where the authority concerned is the Commissioner (Appeals), by the Income-tax Officer also, amend any order passed by him or it in any proceeding under this Act within four years of the date on 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 Income-tax 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 Income-tax Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable. **21. Hotel-receipts tax deductible in computing total income under Income-tax Act.—** Notwithstanding anything contained in the Income-tax Act, in computing the income chargeable to income-tax under the head “Profits and gains of business or profession” in the case of an assessee carrying on the business of a hotel to which this Act applies, the hotel-receipts tax payable by the assessee 1. Subs. by Act 16 of 1981, s. 45, for “one hundred and twenty-five rupees” (w.e.f. 1-6-1981). 9 ----- for any assessment year shall be deductible from the profits and gains of the business of the hotel assessable for that assessment year. **22. 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 Income-tax Officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, 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. (2) No order shall be made under sub-section (1)— (a) to revise an order of reassessment made under section 13, or (b) after the expiry of two years from the date of the order sought to be revised. (3) Notwithstanding anything contained in sub-section (2), an order in revision under this section may be passed at any time 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, the High Court or the Supreme Court. _Explanation.—In computing the period of limitation for the purposes of sub-section (2), any period_ during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. **23. 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 Income-tax Officer 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:— (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 appeal; 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. _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. **24. 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 hotel-receipts tax instead of to income-tax:— 2(43B) and (44), 41(4), 118, 125, 125A, 128 to 136 (both inclusive), 138, 140, 144A, 156, 159 to 163 (both inclusive), 166, 167, 170, 171, 173 to 179 (both inclusive), 187, 188, 189, 219 to 227 (both inclusive), 228A, 229, 231, 232, 237 to 242 (both inclusive), 244, 245, 254 to 262 (both inclusive), 10 ----- 265, 266, 268, 269, 278B, 278C, 278D, 281, 281B, 282, 283, 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. **25. 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 on 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 Incometax Act. **26. Wilful attempt to evade tax, etc.—(1) If a person wilfully attempts in any manner whatsoever to** evade any 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 punishable,— (i) in a case where the amount sought to be evaded exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; (ii) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine. (2) If a person wilfully attempts in any manner whatsoever to evade the payment of any tax, penalty or interest under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and shall, in the discretion of the court, also be liable to fine. _Explanation.—For the purposes of this section, a wilful attempt to evade any 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 circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this Act or the payment thereof. **27. Failure to furnish returns of chargeable receipts.—If a person wilfully fails to furnish in due** time the return of chargeable receipts which he is required to furnish under sub-section (1) of section 8 or by notice given under sub-section (2) of section 8 or section 13, he shall be punishable,— (i) in a case where the amount of tax, which would have been evaded if the failure had not been discovered, exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; (ii) in any other case, with imprisonment for a term which shall not be less than three months but which may extend to three years and with fine: Provided that a person shall not be proceeded against under this section for failure to furnish in due time the return of chargeable receipts under sub-section (1) of section 8, if— (a) the return is furnished by him before the expiry of the assessment year; or 11 ----- (b) the tax payable by him on the chargeable receipts determined on assessment as reduced by the tax paid in advance under section 14, if any, does not exceed three thousand rupees. **28. Failure to produce accounts and documents.—If a person wilfully fails to produce, or cause to** be produced, on or before the date specified in any notice served on him under sub-section (1) of section 10, such accounts and documents as are referred to in the notice, he shall be punishable with rigorous imprisonment for a term which may extend to one year, or with fine equal to a sum calculated at a rate which shall not be less than four rupees or more than ten rupees for every day during which the default continues, or with both. **29. False statement in verification, etc.—If a person makes a statement in any verification under** this Act or under 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,— (i) in a case where the amount of tax, which would have been evaded if the statement or account had been accepted as true, exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; (ii) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine. **30. Abetment of false return, etc.—If a person abets or induces in any manner another person to** make and deliver an account or a statement or declaration relating to any chargeable receipts which is false and which he either knows to be false or does not believe to be true or to commit an offence under sub-section (1) of section 26, he shall be punishable,— (i) in a case where the amount of tax, penalty or interest which would have been evaded, if the declaration, account or statement had been accepted as true, or which is wilfully attempted to be evaded, exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; (ii) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine. **31. Punishment for second and subsequent offences.—If any person convicted of an offence under** sub-section (1) of section 26 or section 27 or section 29 or section 30 is again convicted for an offence under any of the aforesaid provisions, he shall be punishable for the second and for every subsequent offence with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine. **32. Certain offences to be non-cognizable.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974), an offence punishable under section 26 or section 27 or section 29 or section 30 shall be deemed to be non-cognizable within the meaning of that Code. **33. Institution of proceedings and composition of offences.—(1) A person shall not be proceeded** against for any offence under section 26 or section 27 or section 28 or section 29 or section 30 for any offence under the Indian Penal Code (45 of 1860) relating to any matter connected with or arising out of this Act, except at the instance of the Commissioner. (2) The Commissioner may, either before or after the institution of proceedings, compound any offence punishable under section 26 or section 27 or section 28 or section 29 or section 30. **34. 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 manner in which the room charges may be determined under sub-section (2) of section 3 in cases where composite charges are payable in respect of residential accommodation and food; 12 ----- (b) the cases and the circumstances in which payments made in Indian currency by conversion of foreign exchange into Indian currency shall be deemed to have been made in foreign exchange for the purposes of sub-section (1) of section 5; (c) the form in which returns under section 8 may be furnished, the manner in which they may be verified and the other particulars which a form may contain; (d) the form in which an estimate under section 14 may be sent and the manner in which it may be verified; (e) the form in which appeals under section 18 or section 19 may be filed and the manner in which they may be verified; (f) the form in which a memorandum of cross-objections under sub-section (4) of section 19 may be verified; (g) the procedure to be followed on applications for rectification of mistakes under section 20; (h) the form in which a notice of demand may be served on the assessee under sub-section (5) of section 20; (i) 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. **35. 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 in the Official Gazette and subject to such conditions, if any, as may be specified in the notification, exempt any hotel or any class of hotels from the levy of hotel-receipts tax. **36. 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. 37. [Consequential amendments].—Rep. by the Repealing and Amending Act, 1988 (19 of 1988), s. 2 _and the First Schedule (w.e.f. 31-3-1988)._ 13 -----

10-Dec-1980

56

The Company Secretaries Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1754/1/a198056.pdf

central

# THE COMPANY SECRETARIES ACT, 1980 _________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions and interpretation. CHAPTER II INSTITUTE OF COMPANY SECRETARIES OF INDIA 3. Incorporation of the Institute. 4. Entry of names in the Register of members. 5. Associates and Fellows. 6. Certificate of practice. 7. Members to be known as Company Secretaries. 8. Disabilities. CHAPTER III COUNCIL OF THE INSTITUTE 9. Constitution of the Council of the Institute. 10. Re-election or re-nomination to Council. 10A. Settlement of disputes regarding election. 10B. Establishment of Tribunal. 11. Nomination in default of election. 12. President and Vice-President. 13. Resignation of membership and casual vacancies. 14. Duration and dissolution of the Council. 15. Functions of Council. 15A. Functions of Institute. 15B. Imparting education by Universities and other bodies. 16. Officers and employees, salary, allowances, etc. 17. Committees of the Council. 18. Finances of the Council. CHAPTER IV REGISTER OF MEMBERS 19. Register of members. 20. Removal from the Register of members. CHAPTER V MISCONDUCT 21. Disciplinary Directorate. 21A. Board of Discipline. 21B. Disciplinary Committee. ----- SECTIONS 21C. Authority, Disciplinary Committee, Board of Discipline and Director(Discipline) to have powers of civil court. 21D. Transitional provisions. 22. Professional or other misconduct defined. 22A. Constitution of Appellate Authority. 22B. Term of office of members of Authority. 22C. Procedure, etc., of Authority. 22D. Officers and other staff of Authority. 22E. Appeal to Authority. CHAPTER VI REGIONAL COUNCILS 23. Constitution and functions of Regional Councils. CHAPTER VII PENALTIES 24. Penalty for falsely claiming to be a member, etc. 25. Penalty for using name of the Council, or awarding degree of Company Secretary. 26. Companies not to engage in Company Secretaryship. 27. Unqualified persons not to sign documents. 28. Offences by companies. 29. Sanction to prosecute. CHAPTER VIIA QUALITY REVIEW BOARD 29A. Establishment of Quality Review Board. 29B. Functions of Board. 29C. Procedure of Board. 29D. Terms and conditions of service of Chairperson and members of Board and its expenditure. 30. Omitted. CHAPTER IX DISSOLUTION OF THE INSTITUTE OF COMPANY SECRETARIES OF INDIA REGISTERED UNDER THE COMPANIES ACT 31. Dissolution of the Institute of Company Secretaries of India registered under the Companies Act. 32. Transfer of assets and liabilities of the dissolved company to the Institute. 33. Provisions respecting employees of the dissolved company. CHAPTER X MISCELLANEOUS 34. Coordination Committee. 35. Directions of the Central Government. 36. Protection of action taken in good faith. 36A. Members, etc., to be public servants. 37. Maintenance of branch offices. 38. Reciprocity. 38A. Power of Central Government to make rules. 39. Power to make regulations. 40. Rules, regulations and notifications to be laid before Parliament. THE FIRST SCHEDULE. THE SECOND SCHEDULE. ----- # THE COMPANY SECRETARIES ACT, 1980 ACT NO. 56 OF 1980 [10th December, 1980.] # An Act to make provision for the regulation and development of the profession of Company Secretaries. BE it enacted by Parliament in the Thirty-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 Company Secretaries** Act, 1980. (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 and interpretation.—(1) In this Act, unless the context otherwise requires,—** (a) “Associate” means an Associate Member of the Institute; 2[(aa) “Authority” means the Appellate Authority referred to in section 22A; (aaa) “Board” means the Quality Review Board constituted under section 29A;]; 3[(ab) “Board of Discipline” means the Board of Discipline constituted under sub-section (1) of section 21A;] (b) “Companies Act” means [4][the Companies Act, 2013 (18 of 2013) or any other previous company law as defined in clause (67) of section 2 of the said Act]; (c) “Company Secretary” means a person who is a member of the Institute; (d) “Council” means the Council of the Institute constituted under section 9; 3[(da) “Director (Discipline)” means the Director (Discipline) referred to in section 21 and includes Joint Director (Discipline); (db) “Disciplinary Committee” means the Disciplinary Committee constituted under sub-section (1) of section 21B; _(dc) “Disciplinary Directorate” means the Disciplinary Directorate established under_ sub-section (1) of section 21;] (e) “dissolved company” means the Institute of Company Secretaries of India registered under the Companies Act; (f) “Fellow” means a Fellow Member of the Institute; 5[(fa) “firm” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932 (9 of 1932), and includes,— (i) the limited liability partnership as defined in clause (n) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009); or (ii) the sole proprietorship, 1. 1st January, 1981, vide notification No. S.O. 989(E), dated 27th December, 1980, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. Ins. by Act 8 of 2006, s. 2 (w.e.f. 8-8-2006). 3. Ins. by Act 12 of 2022, s. 74 (w.e.f.10-5-2022). 4. Subs. by s. 74, ibid., for “Companies Act, 1956” (w.e.f.10-5-2022). 5. Ins. by Act 4 of 2012, s. 2 (w.e.f. 8-1-2012). ----- registered with the Institute;] (g) “Institute” means the Institute of Company Secretaries of India constituted under this Act; 1[(ga) “notification” means a notification published in the Official Gazette and the term “notify” shall be construed accordingly;] 2[(gb) “partner” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932 (9 of 1932) or in clause (q) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008 (6 of 2009), as the case may be; (gc) “partnership” means— (A) a partnership as defined in section 4 of the Indian Partnership Act, 1932 (9 of 1932); or (B) a limited liability partnership which has no company as its partner;] (h) “prescribed” means prescribed by regulations made under this Act; (i) “President” means the President of the Council; 3[(j) “Register” means the Register of members of the Institute maintained under section 19 or the Register of firms of the Institute maintained under section 20B, as the case may be;] 2[(jj) “sole proprietorship” means an individual who engages himself in the practice of the profession of the company secretaries or offers to perform services referred to in clauses (b) to (f) of sub-section (2);] 4[(ja) “specified” means specified by rules made by the Central Government under this Act; 5[(jaa) “Standing Committee” means the Standing Committee constituted under sub-section (1) of section 17;] (jb) “Tribunal” means a Tribunal established under sub-section (1) of section 10B;]; (k) “Vice-President” means the Vice-President of the Council; (l) “year” means the period commencing on the 1st day of April of any year and ending on the 31st day of March of the succeeding year; (m) words and expressions used herein and not defined but defined in the Companies Act shall have the meanings respectively assigned to them in that Act. (2) Save as otherwise provided in this Act, a member of the Institute shall be deemed “to be in practice” when, individually or in partnership with one or more members of the Institute in practice or in partnership with members of such other recognised professions as may be prescribed, he, in consideration of remuneration received or to be received,— (a) engages himself in the practice of the profession of Company Secretaries to, or in relation to, any company; or (b) offers to perform or performs services in relation to the promotion, forming, incorporation, amalgamation, reconstruction, reorganisation or winding up of companies; or (c) offers to perform or performs such services as may be performed by— (i) an authorised representative of a company with respect to filing, registering, presenting, attesting or verifying any documents (including forms, applications and returns) by or on behalf of the company, 1. Subs. by Act 12 of 2022, s. 74, for clause (ga) (w.e.f.10-5-2022). 2. Ins. by Act 4 of 2012, s. 2 (w.e.f. 8-1-2012). 3. Subs. by Act 12 of 2022, s. 74, for clause (j) (w.e.f.10-5-2022). 4. Ins. by Act 8 of 2006, s. 2 (w.e.f. 8-8-2006). 5. Ins. by Act 12 of 2022, s. 74 (w.e.f. 10-5-2022). ----- (ii) a share transfer agent, (iii) an issue house, (iv) a share and stockbroker, (v) a secretarial auditor or consultant, (vi) an adviser to a company on management, including any legal or procedural matter falling under [1][***], the Industries (Development and Regulation) Act, 1951 (65 of 1951), the Companies Act, the Securities Contracts (Regulation) Act, 1956 (42 of 1956), any of the rules or bye-laws made by a recognised stock exchange, [2][the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Foreign Exchange Management Act, 1999 (42 of 1999), the Competition Act, 2002 (12 of 2003)], or under any other law for the time being in force, (vii) issuing certificates on behalf of, or for the purposes of, a company; or (d) holds himself out to the public as a Company Secretary in practice; or (e) renders professional services or assistance with respect to matters of principle or detail relating to the practice of the profession of Company Secretaries; or (f) renders such other services as, in the opinion of the Council, are or may be rendered by a Company Secretary in practice; and the words “to be in practice”, with their grammatical variations and cognate expressions, shall be construed accordingly. CHAPTER II INSTITUTE OF COMPANY SECRETARIES OF INDIA **3. Incorporation of the Institute.—(1) All persons whose names are entered in the Register of the** dissolved company immediately before the commencement of this Act and all persons who may hereafter have their names entered in the Register to be maintained under this Act, so long as they continue to have their names borne on the Register to be maintained under this Act, are hereby constituted a body corporate by the name of the Institute of Company Secretaries of India and all such persons shall be known as members of the Institute. (2) The Institute shall have perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, movable or immovable and shall by its name sue or be sued. **4. Entry of names in the** **[3][Register of members].—(1) Any of the following persons shall be** entitled to have his name entered in the [3][Register of members], namely:— (a) any person who immediately before the commencement of this Act was an Associate or a Fellow (including an Honorary Fellow) of the dissolved company; (b) any person who is a holder of the Diploma in Company Secretaryship awarded by the Government of India; (c) any person who has passed the examinations conducted by the dissolved company and has completed training either as specified by the dissolved company or as prescribed by the Council, except any such person who is not a permanent resident of India; (d) any person who has passed such examination and completed such training, as may be prescribed for membership of the Institute; 1. The words “the Capital Issues (Control) Act, 1947 (29 of 1947)” omitted by Act 12 of 2022, s. 74 (w.e.f.10-5-2022). 2. Subs. by s. 74, _ibid., for “the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Foreign_ Exchange Regulation Act, 1973 (46 of 1973)” (w.e.f.10-5-2022). 3. Subs. by s. 75, ibid., for “Register” (w.e.f 10-5-2022). ----- (e) any person who has passed such other examination and completed such other training 1[outside India] as is recognised by the Central Government or the Council as being equivalent to the examination and training prescribed under this Act for membership of the Institute: Provided that in the case of any person belonging to any of the classes mentioned in this sub-section who is not permanently residing in India, the Central Government or the Council may impose such further conditions as it may deem to be necessary or expedient in the public interest. (2) Every person belonging to the class mentioned in clause (a) or clause (b) of sub-section (1) shall have his name entered in the [2][Register of members] without the payment of any entrance fee. 3[(3) Every person belonging to any of the classes mentioned in clauses (c), (d) and (e) of sub-section (1) shall have his name entered in the [2][Register of members] on application being made and granted in the prescribed manner and on payment of such fees, as may be determined, by notification, by the Council, [4][***]: 5* - - - *]. (4) The. Central Government may take such steps as may be necessary for the purpose of having the names of all persons belonging to the classes mentioned in clauses (a) and (b) of sub-section (1) entered in the [2][Register of members] at the commencement of this Act. (5) Notwithstanding anything contained in this section, the Council may confer on any person Honorary Fellow Membership, if the Council is of the opinion that such person has made a significant contribution to the profession of Company Secretaries and thereupon the Council shall enter the name of such person in the [2][Register of members] but such person shall not have any voting rights in any election or meetings of the Institute and shall not also be required to pay any fee to the Institute. **5. Associates and Fellows.—(1) The members of the Institute shall be divided into two classes** designated respectively as Associates and Fellows. (2) Any person other than a person to whom the provisions of sub-section (4) apply, shall, on his name being entered in the [6][Register of members], be deemed to have become an Associate and as long as his name remains so entered, shall be entitled to use the letters “A.C.S.” after his name to indicate that he is an Associate. 7[(3) A person, being an Associate who has been in continuous practice in India as a Company Secretary for at least five years and a person who has been an Associate for a continuous period of not less than five years and who possesses such qualifications or practical experience as the Council may prescribe with a view to ensuring that he has experience equivalent to the experience normally acquired as a result of continuous practice for a period of five years as a Company Secretary shall, on payment of such fees, as may be determined, by notification, by the Council, [8][***], and on application made and granted in the prescribed manner, be entered in the [6][Register of members] as a Fellow: 9* - - - *]. 1. Subs. by Act 12 of 2022, s. 75, for “without India” (w.e.f.10-5-2022). 2. Subs. by s. 75, ibid., for “Register” (w.e.f.10-5-2022). 3. Subs. by Act 8 of 2006, s. 4, for sub-section (3) (w.e.f. 8-8-2006). 4. The words “which shall not exceed rupees three thousand” omitted by Act 12 of 2022, s. 75 (w.e.f.10-5-2022). 5. The proviso omitted by s. 75, ibid., (w.e.f. 10-5-2022). 6. Subs. by, s. 76, ibid., for “Register” (w.e.f.10-5-2022). 7. Subs. by Act 8 of 2006, s. 4, for sub-section (3) (w.e.f. 8-8-2006) 8. The words “which shall not exceed rupees five thousand,” omitted by Act 12 of 2022, s. 76 (w.e.f.10-5-2022). 9. The proviso omitted by s. 76, ibid., (w.e.f 10-5-2022). ----- _Explanation I.—For the purposes of this sub-section, a person shall be deemed to have practised in_ India for any period for which he has held a certificate of practice under section 6, notwithstanding that he did not actually practise during that period. _Explanation II.—In computing the continuous period during which a person has been an Associate of_ the Institute, there shall be included any continuous period during which the person has been an Associate of the dissolved company immediately before he became an Associate of the Institute.] (4) Any person who was a Fellow of the dissolved company and who is entitled to have his name entered in the [1][Register of members] under clause (a) of sub-section (1) of section 4, shall be entered in the [1][Register of members] as a Fellow. (5) Any person whose name is entered in the [1][Register of members] as a Fellow shall, so long as his name remains so entered, be entitled to use the letters “F.C.S.” after his name to indicate that he is a Fellow. **6. Certificate of practice.—(1) No member of the Institute shall be entitled to practise, whether in** India or elsewhere, unless he has obtained from the Council a certificate of practice. 2[(2) A member who desires to be entitled to practise shall make an application in such form and pay such annual fee, for his certificate as may be determined, by notification, by the Council, [3][***], and such fee shall be payable on or before the 1st day of April in each year: 4* - - - *]; 5[(3) The certificate of practice obtained under sub-section (1) may be cancelled by the Council under such circumstances as may be prescribed.] **7. Members to be known as Company Secretaries.—Every member of the Institute in practice** shall, and any other member may, use the designation of a Company Secretary and no member using such designation shall use any other description, whether in addition thereto or in substitution therefor: Provided that nothing in this section shall be deemed to prohibit any such member from adding any other description or letters to his name, if entitled thereto, to indicate membership of such other institute whether in India or elsewhere as may be recognised in this behalf by the Council, or any other qualification that he may possess, or to prohibit a firm, all the partners of which are members of the Institute and in practice, from being known by its firm name as Company Secretaries. **8. Disabilities.—Notwithstanding anything contained in section 4, a person shall not be entitled to** have his name entered in, or borne on, the [6][Register of members]; if he— (a) has not attained the age of twenty-one years at the time of his application for the entry of his name in the [6][Register of members]; or (b) is of unsound mind and stands so adjudged by a competent court; or (c) is an undischarged insolvent [7][or undischarged bankrupt]; or 7[(ca) is declared bankrupt under the Insolvency and Bankruptcy Code, 2016 (31 of 2016);] (d) being a discharged insolvent, has not obtained from the court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part; or 1. Subs. by Act 12 of 2022, s. 76, for “Register” (w.e.f.10-5-2022). 2. Subs. by Act 8 of 2006, s. 5, for sub-section (2) (w.e.f. 8-8-2006). 3. The words “which shall not exceed rupees three thousand,” omitted by Act 12 of 2022, s. 77 (w.e.f.10-5-2022). 4. The proviso omitted by s. 77, ibid., (w.e.f 10-5-2022). 5. Ins. by Act 8 of 2006, s. 5, (w.e.f. 8-8-2006). 6. Subs. by Act 12 of 2022, s. 78, for “Register” (w.e.f.10-5-2022). 7. Ins. by s. 78, ibid. (w.e.f. 10-5-2022). ----- (e) has been convicted by a competent court, whether within or [1][outside India], of an offence involving moral turpitude and punishable with imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the Central Government has, by an order in writing, removed the disability; or (f) has been removed from membership of the Institute on being found on inquiry to have been guilty of professional or other misconduct: Provided that a person who has been removed from membership for a specified period shall not be entitled to have his name entered in the [2][Register of members] until the expiry of such period. CHAPTER III COUNCIL OF THE INSTITUTE **9. Constitution of the Council of the Institute.—(1) There shall be a Council of the Institute for the** management of the affairs of the Institute and for discharging the functions assigned to it by or under this Act. 3[(2) The Council shall be composed of the following persons, namely:— (a) not more than fifteen persons elected by the members of the Institute, from amongst the Fellows of the Institute chosen in such manner and from such regional constituencies as may be specified: Provided that a Fellow of the Institute, who has been found guilty of any professional or other misconduct and whose name is removed from the [4][Register of members] or has been awarded penalty of fine, shall not be eligible to contest the election,— (i) in case of misconduct falling under the First Schedule of this Act, for a period of [5][four years]; (ii) in case of misconduct falling under the Second Schedule of this Act, for a period of [6][eight years], from the completion of the period of removal of name from the [4][Register of members] or payment of fine, as the case may be; (b) not more than five persons nominated in the specified manner by the Central Government.] 7[(3) No person holding a post under the Central Government or a State Government shall be eligible for election to the Council under clause (a) of sub-section (2). (4) No [8][member of the Institute or any partner of a firm] who has been auditor of the Institute shall be eligible for election to the Council under clause (a) of sub-section (2) for a period of [5][four years] after he ceases to be an auditor.] 9[10. Re-election or re-nomination to Council—A member of the Council, elected or nominated under sub-section (2) of section 9, shall be eligible for re-election or, as the case may be, re-nomination: Provided that no member shall hold the office for more than two consecutive terms: Provided further that a member of the Council, who is or has been elected as President under sub-section (1) of section 12, shall not be eligible for election or nomination as a member of the Council.] 1. Subs by Act 12 of 2022, s. 78, for “without India” (w.e.f. 10-5-2022). 2. Subs. by s. 78, ibid., for “Register” (w.e.f.10-5-2022). 3. Subs. by Act 8 of 2006, s. 6, for sub-section (2) (w.e.f. 5-9-2006). 4. Subs. by Act 12 of 2022, s. 79, for “Register” (w.e.f 10-5-2022). 5. Subs. by s. 79, ibid., for “three years” (w.e.f 10-5-2022). 6. Subs. by s. 79, ibid., for “six years” (w.e.f. 10-5-2022). 7. Ins. by Act 8 of 2006, s. 6 (w.e.f. 5-9-2006). 8. Subs. by Act 12 of 2022, s. 79, for “person” (w.e.f. 10-5-2022). 9. Subs. by Act 8 of 2006, s. 7, for section 10 (w.e.f. 8-8-2006). ----- 1[10A. Settlement of disputes regarding election.—In case of any dispute regarding any election under clause (a) of sub-section (2) of section 9, the aggrieved person may make an application within thirty days from the date of declaration of the result of election to the Secretary of the Institute, who shall forward the same to the Central Government. **10B. Establishment of Tribunal.—(1) On receipt of any application under section 10A, the Central** Government shall, by notification, establish a Tribunal consisting of a Presiding Officer and two other Members to decide such dispute and the decision of such Tribunal shall be final. (2) A person shall not be qualified for appointment,— (a) as a Presiding Officer of the Tribunal unless he has been a member of the Indian Legal Service and has held a post in Grade I of the service for at least three years; (b) as a Member unless he has been a member of the Council for at least one full term and who is not a sitting member of the Council or who has not been a candidate in the election under dispute; or (c) as a Member unless he holds the post of a Joint Secretary to the Government of India or any other post under the Central Government carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India. (3) The terms and conditions of service of the Presiding Officer and Members of the Tribunal, their place of meetings and allowances shall be such as may be specified. (4) The expenses of the Tribunal shall be borne by the Council.] **11. Nomination in default of election.—If the members of the Institute fail to elect any member** under clause (a) of sub-section (2) of section 9 from any of the regional constituencies that may be notified under that clause, the Central Government may nominate any duly qualified person from such constituency to fill up the vacancy, and any person so nominated shall be deemed to be a duly elected member of the Council. **12. President and Vice-President.—(1) The Council at its first meeting shall elect two of its** members to be respectively the President and the Vice-President thereof, and so often as the office of the President or the Vice-President falls vacant, the Council shall choose a person to be the President or the Vice-President, as the case may be: 2* - - - (2) The President shall be the [3][Head] of the Council. 4[(2A) The President shall preside at the meetings of the Council. (2B) The President and the Vice-President shall exercise such powers and perform such duties and functions as may be prescribed. (2C) It shall be the duty of the President to ensure that the decisions taken by the Council are implemented.] (3) The President or the Vice-President shall hold office for a period of one year from the date on which he is chosen but so as not to extend beyond his term of office as a member of the Council, and subject to his being a member of the Council at the relevant time, he shall be eligible for re-election[5][under sub-section (1)]. 1. Ins. by Act 8 of 2006, s. 8 (w.e.f. 17-11-2006). 2. The proviso omitted by Act 12 of 2022, s. 80 (w.e.f. 10-5-2022). 3. Subs. by Act 8 of 2006, s. 9, for “Chief Executive Authority” (w.e.f. 8-8-2006). 4. Ins. by Act 12 of 2022, s. 80 (w.e.f. 10-5-2022). 5. Ins. by Act 8 of 2006, s. 9 (w.e.f. 8-8-2006). ----- 1[(4) On the expiration of the duration of the Council, or of the term of office of the President and the Vice-President thereof, the President and the Vice-President shall continue to hold office until such time as a new President and the Vice-President is elected and takes over charge of their duties.] (5) In the event of the occurrence of any vacancy in the office of the President, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this section to fill such vacancy enters upon his office and when the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties. **13. Resignation of membership and casual vacancies.—(1) Any member of the Council may at any** time resign his membership by writing under his hand addressed to the President, and the seat of such member shall become vacant when such resignation is notified in the Official Gazette. (2) A member of the Council shall be deemed to have vacated his seat if he is declared by the Council to have been absent without sufficient excuse from three consecutive meetings of the Council [2][or he has been found guilty of any professional or other misconduct and awarded penalty of fine,] or of any of the Committees which has been constituted by the Council and of which he is a member or if his name is, for any cause, removed from the [3][Register of members] under the provisions of section 20. (3) A casual vacancy in the office of a member of the Council shall be filled by fresh election from the constituency concerned or by nomination by the Central Government, as the case may be, and the person elected or nominated to fill the vacancy shall hold office until the dissolution of the Council: Provided that no election shall be held to fill a casual vacancy occurring within[4][one year] prior to the date of the expiration of the term of the Council, but such a vacancy may be filled by nomination by the Central Government after consultation with the President of the Council. (4) No act done by the Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Council. **14. Duration and dissolution of the Council.—(1) The duration of any Council constituted under** this Act shall be [5][four years] from the date of its first meeting. (2) Notwithstanding the expiration of the duration of a Council (hereafter in this sub-section referred to as the former Council), the former Council shall continue to exercise its functions under this Act until a new Council is constituted in accordance with the provisions of this Act and on such constitution the former Council shall stand dissolved. 6[15. Functions of Council.—(1) The Institute shall function under the overall control, guidance and supervision of the Council and the duty of carrying out the provisions of this Act shall be vested in the Council. (2) In particular, and without prejudice to the generality of the foregoing powers, the duties of the Council shall include— (a) to approve academic courses and their contents; (b) the prescribing of fees for the examination of candidates for enrolment; (c) the prescribing of qualifications for entry in the [7][Register of members]; (d) the recognition of foreign qualifications and training for purposes of enrolment; (e) the prescribing of guidelines for granting or refusal of certificates of practice under this Act; 1. Subs. by Act 8 of 2006, s. 9, for sub-section (4) (w.e.f. 8-8-2006). 2. Ins. by s. 10, ibid. (w.e.f. 17-11-2006). 3. Subs. by Act 12 of 2022, s. 81, for “Register” (w.e.f. 10-5-2022). 4. Subs. by Act 8 of 2006, s. 10, for “six months” (w.e.f. 17-11-2006). 5. Subs. by s. 11, ibid., for “three years” (w.e.f. 19-1-2007). 6. Subs. by s. 12, ibid., for section 15 (w.e.f. 17-11-2006). 7. Subs. by Act 12 of 2022, s. 82, for “Register” (w.e.f. 10-5-2022). ----- 1[(ea) the granting or refusal, of registration of a firm;] (f) the levy of fees from members, examinees and other persons; (g) the regulation and maintenance of the status and standard of professional qualifications of members of the Institute; (h) the carrying out, by granting financial assistance to persons other than members of the Council or in any other manner, of research in such matters of interest to Company Secretaries as may be prescribed; (i) to enable functioning of the Director (Discipline), the Board of Discipline, the Disciplinary Committee and the Appellate Authority constituted under the provisions of this Act; (j) to enable functioning of the Quality Review Board; [1][(ja) to issue guidelines for the purpose of carrying out the objects of this Act; (jb) to conduct investor education and awareness programmes; (jc) to enter into any memorandum or arrangement with the prior approval of the Central Government, with any agency of any foreign country, for the purpose of performing its functions under this Act;] # (k) consideration of the recommendations of the Quality Review Board made under clause (a) of section 29B and details of action taken thereon in its annual report; and (l) to ensure the functioning of the Institute in accordance with the provisions of this Act and in performance of other statutory duties as may be entrusted to the Institute from time to time.]. 2[15A. Functions of Institute.—The functions of the Institute shall include— (a) the examination of candidates for enrolment; (b) the regulation of training of students; (c) the maintenance and publication of a Register of persons qualified to practice as Company Secretaries; 3[(ca) the maintenance and publication of a Register of firms;] (d) collection of fees from members, examinees and other persons; (e) subject to the orders of the appropriate authorities under this Act, the removal of names from the [4][Register of members and firms and the restoration of names to the Register of members and firms] which have been removed; (f) the maintenance of a library and publication of books and periodicals relating to management of companies and allied subjects; (g) the conduct of elections to the Council of the Institute; and (h) the granting or refusal of certificates of practice as per guidelines issued by the Council. **15B. Imparting education by Universities and other bodies.—(1) Subject to the provisions of this** Act, any University established by law or any body affiliated to the Institute, may impart education on the subjects covered by the academic courses of the Institute. 1. Ins. by Act 12 of 2022, s. 82 (w.e.f 10-5-2022). 2. Ins. by Act 8 of 2006, s. 13 (w.e.f. 17-11-2006) [in respect of new section 15B (w.e.f. 8-8-2006)]. 3. Ins. by Act 12 of 2022, s. 83 (w.e.f 10-5-2022). 4. Subs. by s. 83, ibid., for “Register and the restoration to the Register of names” (w.e.f 10-5-2022). ----- (2) The Universities or bodies referred to in sub-section (1) shall, while awarding degree, diploma or certificate or bestowing any designation, ensure that the award or designation do not resemble or is not identical to one awarded by the Institute. (3) Nothing contained in this section shall enable a University or a body to adopt a name or nomenclature which is in any way similar to that of the Institute.] 1[16. Officers and employees, salary, allowances, etc.—(1) For the efficient performance of its duties, the Council shall— (a) appoint a Secretary of the Council to perform such duties as may be prescribed; (b) appoint a Director (Discipline) to perform such functions as assigned to him under this Act and the rules and regulations framed thereunder; (c) designate an officer of the Council or the Institute to carry out the administrative functions of the Institute as its chief executive. (2) The Council may also— (a) appoint such other officers and employees to the Council and the Institute as it considers necessary; (b) require and take from the Secretary or from any other officer or employee of the Council and the Institute such security for the due performance of his duties, as the Council considers necessary; 2[(c) prescribe the manner of appointment, powers, duties and functions of the Secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service;] (d) with the previous sanction of the Central Government, fix the allowances of the President, Vice-President and other members of the Council and members of its Committees; (3) The Secretary of the Council shall be entitled to participate in the meetings of the Council but shall not be entitled to vote thereat.]. **17. Committees of the Council.—(1) The Council shall constitute from amongst its members the** following Standing Committees, namely:— (a) an Executive Committee; 3[(b) a Finance Committee; and] (c) an Examination Committee. (2) The Council may also constitute a Training and Educational Facilities Committee, Professional Research and Publications Committee and such other Committees from amongst its members as it deems necessary for the purpose of carrying out the provisions of this Act. 4[(3) Each of the Standing Committees shall consist of the President and the Vice-President,ex officio, and minimum of three and maximum of five members to be elected by the Council from amongst its members.] 5* - - - (6) Notwithstanding anything contained in this section, any Committee formed under sub-section (2), may, with the sanction of the Council co-opt such other members of the Institute not exceeding[6][one-third of the total membership of the Committee] as the Committee thinks fit, and any member so co-opted shall be entitled to exercise all the rights of a member of the Committee. 1. Subs. by Act 8 of 2006, s. 14, for section 16 (w.e.f. 17-11-2006). 2. Subs by Act 12 of 2022, s. 84 clause (ii), for clause (c) (w.e.f 10-5-2022). 3. Subs. by Act 8 of 2006, s. 15, for clause (b) (w.e.f. 17-11-2006). 4. Subs by s. 15, ibid., for sub-section (3) (w.e.f. 17-11-2006). 5. Sub-sections (4) and (5) omitted by s. 15, ibid. (w.e.f. 17-11-2006). 6. Subs. by s. 15, ibid., for “two-thirds of the total membership of the Committee” (w.e.f. 17-11-2006). ----- (7) Every Committee constituted under this section shall elect its own Chairman: Provided that— (i) where the President is a member of such Committee, he shall be the Chairman of such Committee, and in his absence, the Vice-President, if he is a member of such Committee, shall be its Chairman; and (ii) where the President is not a member of such Committee but the Vice-President is a member, he shall be its Chairman. (8) The Standing Committees and other Committees formed under this section shall exercise such functions and be subject to such conditions in the exercise thereof as may be prescribed. **18. Finances of the Council.—(1) There shall be established a fund under the management and** control of the Council into which shall be paid all moneys (including donations and grants) received by the Council and out of which shall be met all expenses including any donations made 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. 1[(3) The Council shall keep proper accounts of the fund distinguishing capital from revenue in the manner prescribed. (4) The Council shall prepare in the manner prescribed and approve, prior to the start of the financial year, an annual financial statement (the budget) indicating all its anticipated revenues as well as all proposed expenditures for the forthcoming year. 2[(5) The annual accounts of the Council shall be prepared in such manner as may be prescribed and subject to audit by a firm of chartered accountants to be appointed annually by the Council from the panel of auditors maintained by the Comptroller and Auditor-General of India: Provided that a firm shall not be eligible for appointment as an auditor under this sub-section, if any of its partner is or has been a member of the Council during the last four years: Provided further that, in the event it is brought to the notice of the Council that the accounts of the Council do not represent a true and fair view of its finances, then, the Council may itself cause a special audit to be conducted: Provided also that, if such information, that the accounts of the Council do not represent a true and fair view of its finances, is sent to the Council by the Central Government, then, the Council may, wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish an action taken report thereon to the Central Government.] 3[(5A) As soon as may be practicable at the end of each year, the Council shall circulate the audited accounts to its members at least fifteen days in advance and consider and approve these accounts in a special meeting convened for the purpose. (5B) The Council shall cause to be published in the Gazette of India not later than the 30th day of September of the year next following, a copy of the audited accounts and the Report of the Council for that year duly approved by the Council and copies of the said accounts and Report shall be forwarded to the Central Government and to all the members of the Institute.] (6) Subject to such directions as the Central Government may, by order in writing, make in this behalf, the Council may borrow— (a) any money required for meeting its liabilities on capital account on the security of the fund or on the security of any other assets for the time being belonging to it; or 1. Subs. by Act 8 of 2006, s. 16, for sub-sections (3), (4) and (5) (w.e.f. 17-11-2006). 2. Subs by Act 12 of 2022, s. 85, for sub-section (5) (w.e.f. 10-5-2022). 3. Ins. by Act 8 of 2006, s. 16, (w.e.f. 17-11-2006). ----- (b) for the purpose of meeting current liabilities pending the receipt of income by way of temporary loan or over-draft. CHAPTER IV REGISTER OF MEMBERS **19.[1][Register of members].—** [2][(1) The Council shall maintain a Register of members of the Institute in such manner as may be prescribed.] (2) The [1][Register of members] shall include the following particulars about every member of the Institute, namely:— (a) his full name, date of birth, domicile, residential and professional addresses; (b) the date on which his name is entered in the Register; (c) his qualifications; 3[(ca) whether any actionable information or complaint is pending or any penalty has been imposed against him under Chapter V, including details thereof, if any;] (d) whether he holds a certificate of practice; and (e) any other particulars which may be prescribed. (3) The Council shall cause to be published in such manner as may be prescribed a list of members of the Institute as on the 1st day of April of each year, and shall, if requested to do so by any such member, send him a copy of such list[4][on payment of such amount as may be prescribed]. 5[(4) Every member of the Institute shall, on his name being entered in the 1[Register of members], pay such annual membership fee as may be determined, by notification, by the Council, [6][***]: **7*** ***** ***** ***** ***** **20. Removal from the [8][Register of members].—(1) The Council may remove from the [8][Register of** members] the name of any member of the Institute— (a) who is dead; or (b) from whom a request has been received to that effect; or (c) who has not paid any prescribed fee required to be paid by him; or (d) who is found to have been subject at the time when his name was entered in the [8][Register of members], or who at any time thereafter has become subject, to any of the disabilities mentioned in section 8, or who for any other reason has ceased to be entitled to have his name borne on the 8[Register of members]. (2) The Council shall remove from the [8][Register of members] the name of any member in respect of whom an order has been passed under this Act removing him from membership of the Institute. 9[(3) If the name of any member has been removed from the 8[Register of members] under clause (c) of sub-section (1), on receipt of an application, his name may be entered again in the [8][Register of members] on payment of the arrears of annual fee and entrance fee along with such additional fee, as may be determined, by notification, by the Council, [10][***]: 11* - - - 1. Subs by Act 12 of 2022, s. 86, for “Register” (w.e.f. 10-5-2022). 2. Subs by s. 86, ibid., for sub-section (1) (w.e.f. 10-5-2022) 3. Ins by s. 86, ibid., (w.e.f. 10-5-2022). 4. Ins. by Act 8 of 2006, s. 17 (w.e.f. 17-11-2006). 5. Subs. by s. 17, ibid., for sub-section (4) (w.e.f. 17-11-2006). 6. The words “,which shall not exceed rupees five thousand” omitted by Act 12 of 2022, s. 86 (w.e.f. 10-5-2022). 7. The proviso omitted by s. 86, ibid., (w.e.f. 10-5-2022). 8. Subs. by s. 87, ibid., for “Register” (w.e.f. 10-5-2022). 9. Ins. by s. 18, ibid. (w.e.f. 8-8-2006). 10. The words “,which shall not exceed rupees two thousand” omitted by Act 12 of 2022, s. 87 (w.e.f 10-5-2022). 11. The proviso omitted by s. 87, ibid., (w.e.f. 10-5-2022). ----- CHAPTER V MISCONDUCT **1[21. Disciplinary Directorate.—(1) The Council shall, by notification, establish a Disciplinary** Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any information or complaint received by it. (2) On receipt of any information or complaint along with the prescribed fee, the Director (Discipline) shall arrive at a prima facie opinion on the occurrence of the alleged misconduct. (3) Where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee. (4) In order to make investigations under the provisions of this Act, the Disciplinary Directorate shall follow such procedure as may be specified. (5) Where a complainant withdraws the complaint, the Director (Discipline) shall place such withdrawal before the Board of Discipline or as the case may be, the Disciplinary Committee, and the said Board or Committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage.] 2[21A. Board of Discipline.—(1) The Council shall constitute a Board of Discipline consisting of— (a) a person with experience in law and having knowledge of the disciplinary matters and the profession, to be its presiding officer; (b) two members one of whom shall be a member of the Council elected by the Council and the other member shall be the person designated under clause (c) of sub-section (1) of section 16; (c) the Director (Discipline) shall function as the Secretary of the Board. (2) The Board of Discipline shall follow summary disposal procedure in dealing with all the cases before it. (3) Where the Board of Discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the First Schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely:— (a) reprimand the member; (b) remove the name of the member from the Register up to a period of three months; (c) impose such fine as it may think fit which may extend to rupees one lakh. (4) The Director (Discipline) shall submit before the Board of Discipline all information and complaints where he is of the opinion that there is no prima facie case and the Board of Discipline may, if it agrees with the opinion of the Director (Discipline), close the matter or in case of disagreement, may advise the Director (Discipline) to further investigate the matter. **21B. Disciplinary Committee.—(1) The Council shall constitute a Disciplinary Committee** consisting of the President or the Vice-President of the Council as the Presiding Officer and two members to be elected from amongst the members of the Council and two members to be nominated by the Central Government from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy: Provided that the Council may constitute more Disciplinary Committees as and when it considers necessary. 1. Subs. by s. 19, ibid., for section 21 (w.e.f. 17-11-2006). 2. Ins. by Act 8 of 2006, s. 20 (w.e.f. 17-11-2006). ----- (2) The Disciplinary Committee, while considering the cases placed before it, shall follow such procedure as may be specified. (3) Where the Disciplinary Committee is of the opinion that a member is guilty of a professional or other misconduct mentioned in the Second Schedule or both the First Schedule and the Second Schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely:— (a) reprimand the member; (b) remove the name of the member from the Register permanently or for such period, as it thinks fit; (c) impose such fine as it may think fit, which may extend to rupees five lakhs. (4) The allowances payable to the members nominated by the Central Government shall be such as may be specified. **21C. Authority, Disciplinary Committee, Board of Discipline and Director (Discipline) to have** **powers of civil court.—For the purposes of an inquiry under the provisions of this Act, the Authority, the** Disciplinary Committee, Board of Discipline and the Director (Discipline) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908(5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) the discovery and production of any document; and (c) receiving evidence on affidavit. 1* ***** ***** ***** ***** **21D. Transitional provisions.—All complaints pending before the Council or any inquiry initiated** by the Disciplinary Committee or any reference or appeal made to a High Court prior to the commencement of the Company Secretaries (Amendment) Act, 2006 (8 of 2006) shall continue to be governed by the provisions of this Act, as if this Act had not been amended by the Company Secretaries (Amendment) Act, 2006.] 2[22. Professional or other misconduct defined.—For the purposes of this Act, the expression “professional or other misconduct” shall be deemed to include any act or omission provided in any of the Schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the Director (Discipline) under sub-section (1) of section 21 to inquire into the conduct of any member of the Institute under any other circumstances.] 3[22A. Constitution of Appellate Authority.—The Appellate Authority constituted under sub section (1) of section 22A of the Chartered Accountants Act, 1949(38 of 1949), shall be deemed to be the Appellate Authority for the purposes of this Act subject to the modification that for clause (b) of said subsection (1), the following clause had been substituted, namely:— “(b) the Central Government shall, by notification appoint two part-time members from amongst the persons who have been members of the Council of the Institute of Company Secretaries of India for at least one full term and who is not a sitting member of the Council;]. **22B. Term of office of members of Authority.—A person appointed as a member shall hold office** for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier. **22C. Procedure, etc., of Authority.—The provisions of section 22C, section 22D and section 22F of** the Chartered Accountants Act, 1949(38 of 1949) shall apply to the Authority in relation to allowances 1. The Explanation omitted by Act 12 of 2022, s. 92 (w.e.f. 10-5-2022). 2. Subs. by Act 8 of 2006, s. 21, for section 22 (w.e.f. 17-11-2006). 3. Ins. by s. 22, ibid. (w.e.f. 17-11-2006). ----- and terms and conditions of service of its Chairperson and members, and in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Chartered Accountants Act, 1949. **22D. Officers and other staff of Authority.—(1) The Council shall make available to the Authority** such officers and other staff members as may be necessary for the efficient performance of the functions of the Authority. (2) The salaries and allowances and conditions of service of the officers and other staff members of the Authority shall be such as may be prescribed. **22E. Appeal to Authority.—(1) Any member of the Institute aggrieved by any order of the Board of** Discipline or the Disciplinary Committee imposing on him any of the penalties referred to in sub-section (3) of section 21A and sub-section (3) of section 21B, may within ninety days from the date on which the order is communicated to him, prefer an appeal to the Authority: Provided that the Director (Discipline) may also appeal against the decision of the Board of Discipline or the Disciplinary Committee to the Authority if so authorised by the Council, within ninety days: Provided further that the Authority may entertain any such appeal after the expiry of the said period of ninety days, if it is satisfied that there was sufficient cause for not filing the appeal in time. (2) The Authority may, after calling for the records of any case, revise any order made by the Board of Discipline or the Disciplinary Committee under sub-section (3) of section 21A and sub-section (3) of section 21B and may— (a) confirm, modify or set aside the order; (b) impose any penalty or set aside, reduce, or enhance the penalty imposed by the order; (c) remit the case to the Board of Discipline or Disciplinary Committee for such further enquiry as the Authority considers proper in the circumstances of the case; or (d) pass such other order as the Authority thinks fit: Provided that the Authority shall give an opportunity of being heard to the parties concerned before passing any order.] CHAPTER VI REGIONAL COUNCILS **23. Constitution and functions of Regional Councils.—(1) For the purpose of advising and** assisting it on matters concerning its functions, the Council may constitute such Regional Councils as and when it deems fit for one or more of the regional constituencies that may be notified by the Central Government under clause (a) of sub-section (2) of section 9. (2) The Regional Councils shall be constituted in such manner and exercise such functions as may be prescribed. (3) Notwithstanding anything contained in this section, each Regional Council of the dissolved company shall, on the commencement of this Act, become the Regional Council of the Institute for the area for which it was functioning as a Regional Council immediately before such commencement and shall function as such— (i) for a period of two years from such commencement, or (ii) till a Regional Council is constituted for such area in accordance with the provisions of this section, whichever is earlier. ----- CHAPTER VII PENALTIES **24. Penalty for falsely claiming to be a member, etc.—Subject to the provisions of section 7, any** person who,— (a) not being a member of the Institute,— (i) represents that he is a member of the Institute; or (ii) uses the designation “Company Secretary”; or (iii) uses the letters “A.C.S.” or “F.C.S.” after his name; or (b) being a member of the Institute, but not having a certificate of practice, represents that he is in practice or practises as a Company Secretary, shall be punishable on first conviction with fine which may extend to [1][one lakh rupees], and on any subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to [2][five lakh rupees], or with both. **25. Penalty for using name of the Council, or awarding degree of Company Secretary.—(1)** Save as otherwise provided in this Act, no person shall— (a) use a name or a common seal which is identical with the name or the common seal of the Institute or so nearly resembles it as to deceive or as is likely to deceive the public; (b) award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence in Company Secretaryship similar to that of a member of the Institute; or (c) seek to regulate in any manner whatsoever the profession of Company Secretaries. (2) Any person contravening the provisions of sub-section (1) shall, without prejudice to any other proceedings which may be taken against him, [3][be punishable with imprisonment which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both on first conviction], and on any subsequent conviction with imprisonment which may extend to [4][one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees], or with both. 5[* - - - *] **26. Companies not to engage in Company Secretaryship.—(1) No company, whether incorporated** in India or elsewhere, shall practise as Company Secretaries. 6[Explanation.—For the removal of doubts, it is hereby declared that the “company” shall include any limited liability partnership which has company as its partner for the purposes of this section.] [7][(2) If any company contravenes the provisions of sub-section (1), then every director, manager, Secretary and any other officer who is knowingly a party to such contravention shall be punished on first conviction with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, and on any subsequent conviction with fine which shall not be less than four lakh rupees but which may extend to twenty lakh rupees.] **27. Unqualified persons not to sign documents.—(1) No person other than a member of the Institute** shall sign any document on behalf of a Company Secretary in practice or a firm of such Company Secretaries in his or its professional capacity. 1. Subs by Act 12 of 2022, s. 96, for “one thousand rupees” (w.e.f. 10-5-2022). 2. Subs by, s. 96, ibid., for “five thousand rupees” (w.e.f. 10-5-2022). 3. Subs by, s. 97, _ibid., for “be punishable on first conviction with fine which may extend to one thousand rupees”_ (w.e.f. 10-5-2022). 4. Subs by, s. 97, ibid., for “six months, or with fine which may extend to five thousand rupees” (w.e.f. 10-5-2022). 5. Sub-section (3) omitted by Act 8 of 2006, s. 23 (w.e.f. 8-8-2006). 6. Explanation ins. by Act 4 of 2012, s. 3 (w.e.f. 8-1-2012). 7. Subs by Act 12 of 2022, s. 98, for sub-section (2) (w.e.f. 10-5-2022). ----- 1[(2) Any person who contravenes the provisions of sub-section (1) shall, without prejudice to any other proceedings which may be taken against him, be punishable on first conviction with a fine not less than 2[one lakh rupees] but which may extend to 3[five lakh rupees], and in the event of a second or subsequent conviction with imprisonment for a term which may extend to one year or with a fine not less than [4][two lakh rupees] but which may extend to [5][ten lakh rupees] or with both.] **28. 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 had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or 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 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. **29. Sanction to prosecute.—No person shall be prosecuted under this Act except on a complaint** made by or under the order of the Council or of the Central Government. 6[CHAPTER VII A QUALITY REVIEW BOARD **29A. Establishment of Quality Review Board.—(1) The Central Government shall, by notification,** constitute a Quality Review Board consisting of a Chairperson and four other members. (2) The Chairperson and members of the Board shall be appointed from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy. (3) Two members of the Board shall be nominated by the Council and other two members shall be nominated by the Central Government. **29B. Functions of Board.—The Board shall perform the following functions, namely:—** (a) to make recommendations to the Council with regard to the quality of services provided by the members of the Institute; (b) to review the quality of services provided by the members of the Institute including secretarial services; and (c) to guide the members of the Institute to improve the quality of services and adherence to the various statutory and other regulatory requirements. 1. Subs. by Act 8 of 2006, s. 24, for sub-section (2) (w.e.f. 8-8-2006). 2. Subs by Act 12 of 2022, s. 99, for “five thousand rupees” (w.e.f. 10-5-2022). 3. Subs by, s. 99, ibid., for “one lakh rupees” (w.e.f. 10-5-2022). 4. Subs by, s. 99, ibid., for “ten thousand rupees” (w.e.f. 10-5-2022). 5. Subs by, s. 99, ibid., for “two lakh rupees” (w.e.f. 10-5-2022). 6. Ins. by Act 8 of 2006, s. 25, (w.e.f. 17-11-2006). ----- 1[(d) to forward cases of non-compliance with various statutory and regulatory requirements by the members of the Institute or firms, noticed by it during the course of its review, to the Disciplinary Directorate for its examination.] **29C. Procedure of Board.—The Board shall meet at such time and place and follow in its meetings** such procedure as may be specified. **29D. Terms and conditions of service of Chairperson and members of Board and its** **expenditure.—(1) The terms and conditions of service of the Chairperson and the members of the Board,** and their allowances shall be such as may be specified. (2) The expenditure of the Board shall be borne by the Council.] **30.[Amendment of Act 8 of 2006].—Omitted by the Company Secretaries Act, 2006 (8 of 2006) s. 2** _and the First Schedule (w.e.f. 17-11-2006)._ CHAPTER IX DISSOLUTION OF THE INSTITUTE OF COMPANY SECRETARIES OF INDIA REGISTERED UNDER THE COMPANIES ACT **31. Dissolution of the Institute of Company Secretaries of India registered under the Companies** **Act.—On the commencement of this Act—** (a) the company known as the Institute of Company Secretaries of India registered under the Companies Act shall stand dissolved and thereafter no person shall make, assert or take any claims or demands or proceedings against the dissolved company or against any officer thereof in his capacity as such officer except insofar as may be necessary, for enforcing the provisions of this Act; (b) the right of every member to, or in respect of, the dissolved company shall be extinguished, and thereafter no member of that company shall make, assert or take any claims or demands or proceedings in respect of that company except as provided in this Act. **32. Transfer of assets and liabilities of the dissolved company to the Institute.—(1) On the** commencement of this Act, there shall be transferred to and vested in the Institute all the assets and liabilities of the dissolved company. (2) The assets of the dissolved company shall be deemed to include all rights and powers, and all property, whether movable or immovable, of that company, including in particular, cash balances, reserve funds, investments, deposits and all other interests and rights in or arising out of such property as may be in the possession of the dissolved company and all books of accounts, papers or documents of the dissolved company; and the liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind then existing of that company. (3) All contracts, debts, bonds, agreements and other instruments of whatever nature to which the dissolved company is a party, subsisting or having effect immediately before the commencement of this Act, shall be of as full force and effect against or in favour of the Institute, as the case may be, and may be enforced as fully and effectively as if instead of the dissolved company, the Institute had been a party thereto. (4) If, on the commencement of this Act, any suit, appeal or other legal proceeding of whatever nature by or against the dissolved company is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Institute of the assets and liabilities of the dissolved company or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Institute, in the same manner and to the same extent as it would or may be continued, prosecuted and enforced by or against the dissolved company if this Act had not been passed. 1. Ins. by Act 12 of 2022, s. 100, (w.e.f. 10-5-2022). ----- **33. Provisions respecting employees of the dissolved company.—(1) Every person employed in the** dissolved company and continuing in its employment immediately before the commencement of this Act shall, as from such commencement, become an employee of the Institute, shall hold his office or service therein by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held the same under the dissolved company if this Act had not been passed, and shall continue to do so unless and until his employment in the Institute is terminated or until his remuneration, terms and conditions of employment are duly altered by the Institute. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or in any other law for the time being in force, the transfer of the services of any employee of the dissolved company to the Institute shall not entitle any such employee to any compensation under that Act or other law, and no such claim shall be entertained by any court, tribunal or other authority. CHAPTER X MISCELLANEOUS 1[34. Coordination Committee.—The Coordination Committee constituted under section 9A of the Chartered Accountants Act, 1949 (38 of 1949), shall be deemed to be the Coordination Committee for the purposes of this Act.] **35. Directions of the Central Government.—(1) The Central Government may, from time to time,** issue such directions to the Council as in the opinion of the Central Government are conducive to the fulfilment of the objects of this Act and in the discharge of its functions, the Council shall be bound to carry out any such directions. (2) Directions issued under sub-section (1) may include directions to the Council to make any regulations or to amend or revoke any regulations already made. (3) If, in the opinion of the Central Government, the Council has persistently committed default in giving effect to the directions issued under this section, the Central Government may, after giving an opportunity to the Council to state its case, by order, dissolve the Council, whereafter a new Council shall be constituted in accordance with the provisions of this Act with effect from such date as may be specified by the Central Government. (4) Where the Central Government passes an order under sub-section (3) dissolving the Council, it may, pending the constitution of a new Council in accordance with the provisions of this Act, authorise any person or body of persons to take over the management of the affairs of the Institute and to exercise such functions as may be specified in this behalf by the Central Government. 2[36. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central Government or the Council or the Authority or the Disciplinary Committee or the Tribunal or the Board or the Board of Discipline or the Disciplinary Directorate or any officer of that Government, Council, Authority, Disciplinary Committee, Tribunal, Board, Board of Discipline or the Disciplinary Directorate, for anything which is in good faith done or intended to be done under this Act or any rule, regulation, notification, direction or order made thereunder.] 3[36A. Members, etc., to be public servants.—The Chairperson, Presiding Officer, members and other officers and employees of the Authority, Disciplinary Committee, Tribunal, Board, Board of Discipline or the Disciplinary Directorate shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code(45 of 1860).] 1. Subs by Act 12 of 2022, s. 101, for section 34 (w.e.f. 10-5-2022). 2. Subs. by Act 8 of 2006, s. 27, for section 36 (w.e.f. 17-11-2006). 3. Ins. by, s. 28, ibid., (w.e.f. 17-11-2006). ----- **37. Maintenance of branch offices.—(1) Where a Company Secretary in practice or a firm of such** Company Secretaries has more than one office in India, each one of such offices shall be in the separate charge of a member of the Institute: Provided that the Council may in suitable cases exempt any Company Secretary in practice or firm of such Company Secretaries from the operation of this sub-section. (2) Every Company Secretary in practice or firm of such Company Secretaries maintaining more than one office shall send to the Council a list of offices and the persons in charge thereof and shall keep the Council informed of any changes in relation thereto. **38. Reciprocity.—(1) Where any country, notified by the Central Government in this behalf in the** Official Gazette, prevents persons of Indian domicile from becoming members of any institution similar to the Institute established under this Act or from practising the profession of Company Secretaryship or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the Institute or practise the profession of Company Secretaries in India. (2) Subject to the provisions of sub-section (1), the Council may prescribe the conditions, if any, subject to which foreign qualifications relating to Company Secretaryship shall be recognised for the purposes of entry in the [1][Register of members]. 2[38A. Power of Central Government to make rules.—(1) The Central Government may, by notification, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the manner of election and nomination in respect of members to the Council under sub-section (2) of section 9; (b) the terms and conditions of service of the Presiding Officer and Members of the Tribunal, place of meetings and allowances to be paid to them under sub-section (3) of section 10B; 3[(c) the form, manner and fee for filing an information or a complaint under sub-section (1), the manner of deciding a complaint or information as actionable or non-actionable under sub-section (2) and the procedure of investigation under sub-section (7), of section 21; (d) the procedure while considering the cases by the Boards of Discipline under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21A; (da) the procedure while considering the cases by the Disciplinary Committees under sub-section (2) and time-limit for payment of fine under sub-section (7), of section 21B;] (e) the procedure to be followed by the Board in its meetings under section 29C; and (f) the terms and conditions of service of the Chairperson and members of the Board under sub section (1) of section 29D.] **39. Power to make regulations.—(1) The Council may, by notification in the Gazette of India, make** regulations 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 regulations may provide for all or any of the following matters, namely:— (a) the professions that may be recognised under sub-section (2) of section _2 and[4][item (2)]_ and (4) of Part I of the First Schedule; (b) the examinations and training for the purposes of clauses (c), (d) and (e) of sub-section (1) of section 4; 1. Subs. by Act 12 of 2022, s. 102, for “Register” (w.e.f. 10-5-2022). 2. Ins. by Act 8 of 2006, s. 29, (w.e.f. 8-8-2006). 3. Subs. by Act 12 of 2022, s. 103, for clauses (c) and (d) (w.e.f. 10-5-2022). 4. Subs. by Act 8 of 2006, s. 30, for “items (1), (3)” (w.e.f. 8-8-2006). ----- (c) the manner of making an application and granting thereof under sub-section (3) of section 4 or sub-section (3) of section 5; (d) the fees payable under sub-section (3) of section 4, sub-section (3) of section 5,sub-section (2) of section 6,[1][***] sub-section (2) of section15, sub-section (4) of section 19 and clause (c) of subsection (1) of section 20; (e) the qualifications and practical experience for the purposes of sub-section (3) of section 5; (f) the form in which an application may be made under sub-section (2) of section 6; 2[(fa) the circumstances under which certificates of practice may be cancelled under sub-section (3) of section 6; (fb) the powers, duties and functions of the President and the Vice-President of the Council under sub-section (2B) of section 12;] 3* - - - (h) the transaction of business by the Council for the discharge of its functions under section 15and other provisions of this Act, the place at which and the intervals at which the Council shall hold its meetings for the transaction of such business, the procedure to be followed at such meetings and all other matters connected therewith; 2[(ha) guidelines for granting or refusal of certificates of practice under clause (e) of sub-section (2) of section 15;] (i) the regulation and maintenance of the status and standards of professional qualifications of members of the Institute, as required by[4][clause (g)] of sub-section (2) of section 15; (j) the carrying out of research in matters of interest to Company Secretaries as required by[5][clause (h)] of sub-section (2) of section 15; (k) the maintenance of libraries and publication of books and periodicals relating to management of companies and allied subjects, as required by [6][clause (f) of section 15A]; 2[(ka) the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council under clause (c) of sub-section (2) of section 16;] 7* - - - (m) the transaction of business by the Standing Committees and other Committees referred to in section 17, the places at which and the intervals at which such Committees shall hold their meetings for the transaction of such business, the procedure to be followed at such meeting and all other matters connected therewith; 2[(ma) the maintenance of accounts under sub-section (3), the manner of preparing annual financial statement under sub-section (4) and the manner of preparing the annual accounts of the Council under sub-section (5), of section 18;] (n) the manner in which the [8][Register of members] may be maintained under sub-section (1) of section 19; (o) the other particulars to be included in the [8]Register of members], as required by clause (e) of sub-section (2) of section 19; 1. The words, brackets and letter “clause (a) of” omitted by Act 8 of 2006, s. 30 (w.e.f. 8-8-2006). 2. Ins. by Act 12 of 2022, s. 104 (w.e.f. 10-5-2022). 3. Clause (g) omitted by Act 8 of 2006, s. 30, (w.e.f. 8-8-2006). 4. Subs. by Act 8 of 2006, s. 30, for “clause (i)” (w.e.f. 8-8-2006). 5. Subs. by s. 30, ibid., for “clause (j)” (w.e.f. 8-8-2006). 6. Subs. by s. 30, ibid., for “clause (k) of sub-section (2) of section 15” (w.e.f. 8-8-2006). 7. Clause (l) omitted by s. 30, ibid. (w.e.f. 8-8-2006). 8. Subs. by Act 12 of 2022, s. 104, for “Register” (w.e.f. 10-5-2022). ----- 1[(p) the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20A; (pa) the manner of maintenance of Register of firms, and other particulars including details of pendency of any actionable information or complaint or imposition of any penalty against the firm under sub-section (1) and sub-section (2) and the manner in which the annual list of firms registered with the Institute shall be published under sub-section (3), of section 20B; (pb) the manner of making available status of actionable information and complaints and orders passed under sub-section (9) of section 21; (pc) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Boards of Discipline under subsection (8), of section 21A; (pd) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Disciplinary Committees under sub-section (8) of section 21B; (pe) the salaries and allowances and conditions of service of officers and staff of the Authority under sub-section (2) of section 22D;] 2* - - - (r) the manner in which Regional Council may be constituted under sub-section (2) of section 23 and the functions thereof; (s) the conditions subject to which foreign qualifications may be recognised under sub-section (2) of section 38; (t) any other matter which is required to be, or may be, prescribed under this Act. (3) All regulations made by the Council under this Act shall be subject to the condition of previous publication and to the approval of the Central Government. 3* - - - 4[40. Rules, regulations and notifications to be laid before Parliament.—Every rule and every regulation made and every notification issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation or notification, or both Houses agree that the rule, regulation or notification should not be made, or issued, the rule, regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or notification.] 1. Subs. by Act 12 of 2022, s. 104, for “clause (p)” (w.e.f. 10-5-2022). 2. clause (q) omitted by Act 8 of 2006, s. 30, (w.e.f. 8-8-2006). 3. Sub-section (4) omitted by, s. 30, ibid., (w.e.f.8-8-2006). 4. Ins. by s. 31, ibid. (w.e.f. 8-8-2006). ----- 1[THE FIRST SCHEDULE [See sections 21(3), 21A(3) and 22] PART I _Professional misconduct in relation to company secretaries in practice_ A Company Secretary in practice shall be deemed to be guilty of professional misconduct, if he— (1) allows any person to practice in his name as a Company Secretary unless such person is also a Company Secretary in practice and is in partnership with or employed by him; (2) pays or allows or agrees to pay or allow, directly or indirectly, any share, commission or brokerage in the fees or profits of his professional business, to any person other than a member of the Institute or a partner or a retired partner or the legal representative of a deceased partner, or a member of any other professional body or with such other persons having such qualifications as may be prescribed, for the purpose of rendering such professional services from time to time in or outside India. _Explanation.—In this item, “partner” includes a person residing outside India with whom a_ Company Secretary in practice has entered into partnership which is not in contravention of item (4) of this Part; (3) accepts or agrees to accept any part of the profits of the professional work of a person who is not a member of the Institute: Provided that nothing herein contained shall be construed as prohibiting a member from entering into profit sharing or other similar arrangements, including receiving any share commission or brokerage in the fees, with a member of such professional body or other person having qualifications, as is referred to in item (2) of this part; (4) enters into partnership, in or outside India, with any person other than a Company Secretary in practice or such other person who is a member of any other professional body having such qualifications as may be prescribed, including a resident who but for his residence abroad would be entitled to be registered as a member under clause (e) of sub-section (1) of section 4 or whose qualifications are recognised by the Central Government or the Council for the purpose of permitting such partnerships; (5) secures, either through the services of a person who is not an employee of such company secretary or who is not his partner or by means which are not open to a Company Secretary, any professional business: Provided that nothing herein contained shall be construed as prohibiting any arrangement permitted in terms of items (2), (3) and (4) of this Part; (6) solicits clients or professional work, either directly or indirectly, by circular, advertisement, personal communication or interview or by any other means: Provided that nothing herein contained shall be construed as preventing or prohibiting— (i) any company secretary from applying or requesting for or inviting or securing professional work from another company secretary in practice; or (ii) a member from responding to tenders or enquiries issued by various users of professional services or organisations from time to time and securing professional work as a consequence; 1. Subs. by Act 8 of 2006, s. 32, for the First Schedule and the Second Schedule (w.e.f. 8-8-2006). ----- (7) advertises his professional attainments or services, or uses any designation or expressions other than Company Secretary on professional documents, visiting cards, letterheads or sign boards, unless it be a degree of a University established by law in India or recognised by the Central Government or a title indicating membership of the Institute of Company Secretaries of India or of any other institution that has been recognised by the Central Government or may be recognised by the Council: Provided that a member in practice may advertise through a write up setting out the services provided by him or his firm and particulars of his firm subject to such guidelines as may be issued by the Council; (8) accepts a position as a Company Secretary in practice previously held by another Company Secretary in practice without first communicating with him in writing; (9) charges or offers to charge, accepts or offers to accept, in respect of any professional employment, fees which are based on a percentage of profits or which are contingent upon the findings, or results of such employment, except as permitted under any regulation made under this Act; (10) engages in any business or occupation other than the profession of Company Secretary unless permitted by the Council so to engage: Provided that nothing contained herein shall disentitle a Company Secretary from being a director of a company except as provided in the Companies Act, 1956(1 of 1956); (11) allows a person not being a member of the Institute in practice, or a member not being his partner to sign on his behalf or on behalf of his firm, anything which he is required to certify as a Company Secretary, or any other statements relating thereto. PART II _Professional misconduct in relation to members of the Institute in service_ A member of the Institute (other than a member in practice) shall be deemed to be guilty of professional misconduct, if he, being an employee of any company, firm or person— (1) pays or allows or agrees to pay, directly or indirectly, to any person any share in the emoluments of the employment undertaken by him; (2) accepts or agrees to accept any part of fees, profits or gains from a lawyer, a Company Secretary or broker engaged by such company, firm or person or agent or customer of such company, firm or person by way of commission or gratification. PART III _Professional misconduct in relation to members of the Institute generally_ A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he— (1) not being a Fellow of the Institute, acts as a Fellow of the Institute; (2) does not supply the information called for, or does not comply with the requirements asked for, by the Institute, Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board or the Appellate Authority; (3) while inviting professional work from another Company Secretary or while responding to tenders or enquiries or while advertising through a write up, or anything as provided for in items (6) and (7) of Part I of this Schedule, gives information knowing it to be false. ----- PART IV _Other misconduct in relation to members of the Institute generally_ A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if— (1) he is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term not exceeding six months; (2) in the opinion of the Council, he brings disrepute to the profession or the institute as a result of his action whether or not related to his professional work. ----- THE SECOND SCHEDULE [See sections 21(3), 21B(3) and 22] PART I _Professional misconduct in relation to company secretaries in practice_ A Company Secretary in practice shall be deemed to be guilty of professional misconduct, if he— (1) discloses information acquired in the course of his professional engagement to any person other than his client so engaging him, without the consent of his client, or otherwise than as required by any law for the time being in force; (2) certifies or submits in his name, or in the name of his firm, a report of an examination of the matters relating to company secretarial practice and related statements unless the examination of such statements has been made by him or by a partner or an employee in his firm or by another Company Secretary in practice; (3) permits his name or the name of his firm to be used in connection with any report or statement contingent upon future transactions in a manner which may lead to the belief that he vouches for the accuracy of the forecast; (4) expresses his opinion on any report or statement given to any business or enterprise in which he, his firm, or a partner in his firm has a substantial interest; (5) fails to disclose a material fact known to him in his report or statement but the disclosure of which is necessary in making such report or statement, where he is concerned with such report or statement in a professional capacity; (6) fails to report a material mis-statement known to him and with which he is concerned in a professional capacity; (7) does not exercise due diligence, or is grossly negligent in the conduct of his professional duties; (8) fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions are sufficiently material to negate the expression of an opinion; (9) fails to invite attention to any material departure from the generally accepted procedure relating to the secretarial practice; (10) fails to keep moneys of his client other than fees or remuneration or money meant to be expended in a separate banking account or to use such moneys for purposes for which they are intended within a reasonable time. PART II _Professional misconduct in relation to members of the Institute generally_ A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he— (1) contravenes any of the provisions of this Act or the regulations made thereunder or any guidelines issued by the Council; (2) being an employee of any company, firm or person, discloses confidential information acquired in the course of his employment, except as and when required by any law for the time being in force or except as permitted by the employer; (3) includes in any information, statement, return or form to be submitted to the Institute, Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board or the Appellate Authority any particulars knowing them to be false; (4) defalcates or embezzles moneys received in his professional capacity. ----- PART III _Other misconduct in relation to members of the Institute generally_ A member of the Institute, whether in practice or not, shall be deemed to be guilty of other misconduct, if he is held guilty by any civil or criminal court for an offence which is punishable with imprisonment for a term exceeding six months.] -----

21-Dec-1980

62

The Jute Companies (Nationalisation) Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1756/1/198062.pdf

central

# THE JUTE COMPANIES (NATIONALISATION) ACT, 1980 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. CHAPTER II ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE JUTE COMPANIES 3. Transfer to, and vesting in, the Central Government of the undertakings of the jute companies. 4. General Power of vesting. 5. Jute companies to be liable for certain prior liabilities. 6. Power of Central Government to direct vesting of the undertakings of the jute companies in Jute Manufactures Corporation. CHAPTER III PAYMENT OF AMOUNTS 7. Payment of amount. 8. Payment of further amount. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE JUTE COMPANIES 9. Management, etc., of the undertakings of the jute companies. 10. Duty of persons in charge of management of the undertakings to deliver all assets, etc. 11. Duty of persons to account for assets, etc., in their possession. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF THE JUTE COMPANIES 12. Continuance of employees. 13. Provident fund and other funds. CHAPTER VI COMMISSIONER OF PAYMENTS 14. Appointment of Commissioner of Payments. 15. Payment by Central Government to the Commissioner. 16. Certain powers of Central Government or Jute Manufactures Corporation. 17. Claims to be made to the Commissioner. 18. Priority of Claims. 19. Examination of claims. 1 ----- SECTIONS 20. Admission or rejection of claims. 21. Disbursement of money by the Commissioner. 22. Disbursement of amounts to the jute companies. 23. Undisbursed or unclaimed amounts to be deposited with the general revenue account. CHAPTER VII MISCELLANEOUS 24. Act to have overriding effect. 25. Assumption of liability. 26. Management to continue to vest in certain persons until alternative arrangements have been made. 27. Contracts to cease to have effect unless ratified by the Central Government or Jute Manufactures Corporation. 28. Penalties. 29. Offences by companies. 30. Protection of action taken in good faith. 31. Delegation of powers. 32. Power to make rules. 33. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 2 ----- # THE JUTE COMPANIES (NATIONALISATION) ACT, 1980 ACT NO. 62 OF 1980 [21st December, 1980.] # An Act to provide for the acquisition and transfer of the undertakings of the jute companies, specified in the First Schedule 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 the said jute companies 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 each of the said jute companies was 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 undertakings of the said jute companies to ensure that the interests of the general public are served by the continuance, by the undertakings of the said jute companies, 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.—This Act may be called the Jute Companies (Nationalisation) Act, 1980.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the date of commencement of this Act; (b) “Commissioner” means the Commissioner of Payments appointed under section 14; (c) “jute companies” means the companies (being companies as defined in the Companies Act, 1956 [1 of 1956]) specified in the First Schedule; (d) “Jute Manufactures Corporation” means the National Jute Manufactures Corporation Limited, a company incorporated and registered under the Companies Act, 1956 (1 of 1956); (e) “notification” means a notification published in the Official Gazette; (f) “prescribed” means prescribed by rules made under this Act; (g) “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; (h) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act. CHAPTER II ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE JUTE COMPANIES **3. Transfer to, and vesting in, the Central Government of the undertakings of the jute** **companies.—On the appointed day, the undertakings of every jute company, and the right, title and** interest of every jute company in relation to its undertakings shall, by virtue of this Act, stand transferred to, and vest in, the Central Government. 3 ----- **4. General Power of vesting.—(1) The undertakings of each jute 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 jute company, 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 specified in sub-section (2) of section 5. (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 directed to be given under sections 7 and 8 to the jute company concerned 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 a jute company in relation to its undertakings which have vested in the Central Government under section 3 at any time before the appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertakings, and, on and from the date of vesting of such undertakings under section 6, in the Jute Manufactures Corporation, that Corporation shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such Corporation and such Corporation shall hold it for the remainder of the period for which the jute 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 matter specified in sub-section (2) of section 5, in respect of the undertakings of any jute company which has vested in the Central Government under section 3, instituted or preferred by or against that 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 such jute 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 such jute company are directed under section 6, to vest in the Jute Manufactures Corporation, by or against that Corporation. **5. Jute companies to be liable for certain prior liabilities.—(1) Every liability, other than the** liability specified in sub-section (2), of a jute company in respect of any period prior to the appointed day, shall be the liability of that company and shall be enforceable against it, and not against the Central Government, or, where the undertakings of the jute company vest in the Jute Manufactures Corporation, against that Corporation. (2) Any liability arising in respect of loans advanced by the Central Government or any State Government, or both, to a jute company (together with interest due thereon) after the management of the undertakings of the said jute company 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 by that Government, or by the Jute Manufactures Corporation as and when repayment of such loans becomes due and payable. 4 ----- (3) For the removal of doubts, it is hereby declared that— (a) save as otherwise expressly provided in this Act, no liability, other than the liability specified in sub-section (2), of any jute 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 such company are directed under section 6, to vest in the Jute Manufactures Corporation, against that Corporation; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of any jute company, passed after the appointed day, in respect of any matter, claim or dispute, which arose before that day, not being a matter, claim or dispute in relation to any liability specified in sub-section (2), shall be enforceable against the Central Government or where the undertakings of such company are directed under section 6, to vest in the Jute Manufactures Corporation, against that Corporation; (c) no liability incurred by any jute company before the appointed day for the contravention of a provision of any law for the time being in force shall be enforceable against the Central Government or where the undertakings of such company are directed under section 6, to vest in the Jute Manufactures Corporation, against that Corporation. **6. Power of Central Government to direct vesting of the undertakings of the jute companies in** **Jute Manufactures Corporation.—(1) Notwithstanding anything contained in sections 3 and 4, the** Central Government shall, as soon as may be, after the appointed day, direct, by notification, that the undertakings of every jute company and the right, title and interest of every jute company in relation to its undertakings, which have vested in that Government under section 3, and such of the liabilities of every jute company as are specified in sub-section (2) of section 5, shall, instead of continuing to vest in the Central Government, vest in the Jute Manufactures Corporation 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, and the liabilities referred to in sub-section (2) of section 5, of the jute companies in relation to their respective undertakings vest, under sub-section (1), in the Jute Manufactures Corporation, that Corporation shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all 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 the rights and liabilities, respectively, of the Jute Manufactures Corporation. CHAPTER III PAYMENT OF AMOUNTS **7. Payment of amount.—Every jute company shall be given by the Central Government, for the** transfer to and vesting in that Government under section 3 of the undertakings of that company and the right, title and interest of that company in relation to its undertakings, in cash and in the manner specified in Chapter VI, such amount as is specified against the name of that company in the First Schedule. **8. Payment of further amount.—(1) Every jute company shall be given by the Central Government,** for the deprivation of the management of its undertakings, an amount of rupees ten thousand per annum for the period commencing on the date on which management of the undertakings of that company was taken over in pursuance of the order made by the Central Government under the provisions of the Industries (Development and Regulation) Act, 1951 (65 of 1951) and ending on the appointed day. (2) Every amount specified in the First Schedule or calculated 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 relation to any jute company in accordance with the provisions of sub-sections (1) and (2) shall be given by the Central Government to the jute company in addition to the amount specified in the First Schedule against that company. 5 ----- CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE JUTE COMPANIES **9. Management, etc., of the undertakings of the jute companies.—The general superintendence,** direction, control and management of the affairs and business of the undertakings owned by each of the jute companies, the right, title and interest in relation to which have vested in the Central Government under section 3, shall, where a direction has been made by the Central Government under sub-section (1) of section 6, vest in the Jute Manufactures Corporation and thereupon the Jute Manufactures Corporation shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things in relation to each such undertaking as the jute company which owned it was authorised to exercise and do immediately before the appointed day. **10. Duty of persons in charge of management of the undertakings to deliver all assets, etc.—(1)** On the vesting of the management of the undertakings of the jute companies in the Central Government or the Jute Manufactures Corporation, as the case may be, the persons in charge of the management of such undertakings immediately before such vesting shall be bound to deliver to the Central Government or the Jute Manufactures Corporation, as the case may be, all assets, books of account, registers and all other documents in their custody relating to such undertakings. (2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Jute Manufactures Corporation and the said Corporation 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 jute companies shall be conducted or in relation to any other matter arising in the course of such management. **11. 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 a jute company which has vested in the Central Government or the Jute Manufactures Corporation under this Act, shall be liable to account for the said assets, books, documents and other papers to the Central Government or the Jute Manufactures Corporation and shall deliver them up to the Central Government or the Jute Manufactures Corporation or to such person or persons as the Central Government or the Jute Manufactures Corporation may specify in this behalf. (2) The Central Government or the Jute Manufactures Corporation may take or cause to be taken all necessary steps for securing possession of the undertakings of the jute companies which have vested in the Central Government or the Jute Manufactures Corporation under this Act. (3) Every jute 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 its undertakings which have vested in the Central Government under section 3, and for this purpose, the Central Government or the Jute Manufactures Corporation shall afford to such company all reasonable facilities. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF THE JUTE COMPANIES **12. Continuance of employees.—(1) Every person who has been, immediately before the appointed** day, employed in any undertaking of any of the companies shall become,— (a) on and from the appointed day, an employee of the Central Government, and (b) where the undertakings of the jute companies are vested in the Jute Manufactures Corporation, an employee of the said Corporation, on and from the date of such vesting, and shall hold office or service under the Central Government or the Jute Manufactures Corporation, 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 Jute Manufactures Corporation, 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 Jute Manufactures Corporation, as the case may be. 6 ----- (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 any undertaking of the jute companies, to the Central Government or the Jute Manufactures 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. **13. Provident fund and other funds.—(1) Where a jute company has established a provident fund,** superannuation fund, welfare fund or other funds for the benefit of persons employed in any of the undertakings owned by it, the monies relatable to its employees whose services have become transferred by or under this Act to the Central Government or the Jute Manufactures Corporation 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 Jute Manufactures Corporation, as the case may be. (2) The monies which stand transferred under sub-section (1) to the Central Government or the Jute Manufactures Corporation, as the case may be, shall be dealt with by that Government or Corporation in such manner as may be prescribed. CHAPTER VI COMMISSIONER OF PAYMENTS **14. Appointment of Commissioner of Payments.—(1) The Central Government shall, for the** purpose of disbursing the amounts payable under sections 7 and 8 to the jute companies, 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. **15. 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 every jute company,— (a) an amount equal to the amount specified against the name of that company in the First Schedule; (b) a further amount equal to the amount payable to that 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 each of the jute companies in relation to which payment has been made to him under this Act. (4) Interest accruing on the amount in relation to a jute company standing to the credit of the deposit account referred to in sub-section (2) shall ensure to the benefit of such jute company. 7 ----- **16. Certain powers of Central Government or Jute Manufactures Corporation.—(1) The Central** Government or the Jute Manufactures Corporation, 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 any jute company in relation to its undertakings which have vested in the Central Government or the Jute Manufactures Corporation, 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 Jute Manufactures Corporation, as the case may be, may make a claim to the Commissioner with regard to every payment made by that Government or Corporation, after the appointed day for discharging any liability of a jute company, not being any liability specified in sub-section (2) of section 5, in relation to any of the undertakings owned by it in respect of 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 Jute Manufactures Corporation. (3) Save as otherwise provided in this Act, the liabilities of a jute 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 that company. **17. Claims to be made to the Commissioner.—Every person having a claim against a jute company** with regard to any of the matters specified in the Second 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. **18. Priority of Claims.—The claims made under section 17 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 paid to the Commissioner under this Act 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. **19. Examination of claims.—(1) On receipt of the claims made under section 17, the Commissioner** shall arrange the claims in the order of priorities specified in the Second Schedule and examine the same in accordance with such order. (2) If, on an examination of the claims against a jute company, the Commissioner is of the opinion that the amount paid to him under this Act for payment to such company 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. **20. Admission or rejection of claims.—(1) After examining the claims against a jute company, with** reference to the priorities set out in the Second Schedule, the Commissioner shall fix a date on or before which every claimant against the company 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 8 ----- 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 disbursements made by the Commissioner. (4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the jute company concerned 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 jute company concerned 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. **21. Disbursement of money by the Commissioner.—After admitting a claim against a jute** company 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 such jute company in respect of such claim shall stand discharged. **22. Disbursement of amounts to the jute companies.—(1) If out of the monies paid to him in** relation to a jute company, there is a balance left after meeting the liabilities as specified in the Second Schedule, the Commissioner shall disburse such balance to such jute company. (2) Where the possession of any machinery, equipment or other property possessed by a jute company has vested in the Central Government or the Jute Manufactures Corporation under this Act but such machinery, equipment or other property does not belong to such jute company, it shall be lawful for the Central Government or, as the case may be, the Jute Manufactures Corporation, to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by such jute company immediately before the appointed day. **23. Undisbursed or unclaimed amounts 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 wound 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. 9 ----- CHAPTER VII MISCELLANEOUS **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 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. **25. Assumption of liability.—(1) Where any liability of a jute company arising out of any item in** any category specified in Part I of the Second 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 Jute Manufactures Corporation 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 the Jute Manufactures Corporation to discharge such liability. **26. Management to continue to vest in certain persons until alternative arrangements have been** **made.—Notwithstanding the vesting under this Act of the undertakings of any jute company in the** Central Government or the Jute Manufactures Corporation— (a) any person who has been managing the affairs of such undertakings before the date on which the undertakings had so vested shall, until alternative arrangements have been made by the Central Government, or, as the case may be, the Jute Manufactures Corporation, for the management of such undertakings, continue to manage the affairs of the undertakings, as if such person had been authoried by the Central Government, or, as the case may be, the Jute Manufactures Corporation, to manage such undertakings; (b) such person shall, until alternative arrangements have been made by the Central Government, or, as the case may be, the Jute Manufactures Corporation, continue to be authorised to operate, in relation to the undertakings of such jute company, any account of such undertakings in any bank as if he had been authorised by the Central Government or the Jute Manufactures Corporation to operate such account. **27. Contracts to cease to have effect unless ratified by the Central Government or Jute** **Manufactures Corporation.—Every contract entered into by any jute 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 Jute Manufactures Corporation, and in ratifying such contract, the Central Government or the Jute Manufactures Corporation may make such alterations or modifications therein as it may think fit: Provided that the Central Government or the Jute Manufactures Corporation 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 the Jute Manufactures Corporation; 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. **28. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of the undertakings owned by any jute company, wrongfully withholds such property from the Central Government or the Jute Manufactures Corporation; or 10 ----- (b) wrongfully obtains possession of, or retains any property forming part of, the undertakings owned by any jute company; or (c) wilfully withholds or fails to furnish to the Central Government or the Jute Manufactures Corporation or any person or body of persons specified by that Government or Corporation, as the case may be, any document or inventory relating to the undertakings, owned by any jute company, which may be in his possession, custody or control; or (d) fails to deliver to the Central Government or the Jute Manufactures Corporation or any person or body of persons specified by that Government or Corporation, any assets, books of account, registers or other documents in his possession, custody or control relating to the undertakings owned by any jute company; or (e) wrongfully removes or destroys any property forming part of the undertakings owned by any jute 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. **29. Offences by companies.—(1) Where an offence punishable 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. **30. 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 Jute Manufactures Corporation or other person authorised by that Government or Corporation 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 Jute Manufactures Corporation or any officer or other person authorised by that Corporation for any damage caused or likely to be caused for anything which is in good faith done or intended to be done under this Act. **31. 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 32 and 33, 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. 11 ----- **32. 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 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 13, 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. **33. 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. THE FIRST SCHEDULE [See sections 2(c), 7, 8 and 15(1)(a)] Sl. No Name of the jute company Amount (Rupees in lakhs) 1. Alexandra Jute Mills Limited, Chartered Bank Buildings, 4, Netaji Subhas Road, Calcutta-700001 . . . . 353.60 2. Union Jute Company Limited, Chartered Bank Buildings, 4, Netaji Subhas Road, Calcutta-700001 . . . . 461.32 3. Khardah Company Limited, 7, Red Cross Place, Calcutta-700001 486.68 4. The Kinnison Jute Mills Company Limited, Chartered Bank Buildings, 4, Netaji Subhas Road, Calcutta-700001 . . 644.70 5. R.B.H.M. Jute Mills Private Limited, P.O. Katihar Mills, Katihar (Bihar) . . . . . . . . . . . 17.04 TOTAL 1963.34 12 ----- THE SECOND SCHEDULE [See sections 17, 19 (1), 20 (1), 22 (1) and 25 (1)] 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 the 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 undertakings of any jute company had been taken over by the Central Government. _Category II—_ Secured loans obtained by any jute company from nationalised banks and public financial institutions during any period whether before or after the management of the undertakings of that company had been taken over by the Central Government. _Category III—_ Any credit availed of for trade or manufacturing purpose during the post-take-over management period. _Category IV—_ Revenue, taxes, cesses, rates or other dues to the Central Government, State Governments and local authorities or State Electricity Board for any period whether before or after the management of the undertakings of any jute company had been taken over by the Central Government. _Category V—_ Any credit availed of for trade or manufacturing purpose during the pre-take-over management period. 13 -----

27-Dec-1980

65

The National Security Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1758/1/198065.pdf

central

# THE NATIONAL SECURITY ACT, 1980 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and extent. 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. Grounds of order of detention to be disclosed to persons 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 the Advisory Board. 13. Maximum period of detention. 14. Revocation of detention orders. 14A. Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards. 15. Temporary release of persons detained. 16. Protection of action taken in good faith. 17. Act not to have effect with respect to detentions under State laws. 18. Repeal and saving. 1 ----- # THE NATIONAL SECURITY ACT, 1980 ACT NO. 65 OF 1980 [27th December, 1980.] # An Act to provide for preventive detention in certain cases 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 and extent.—(1) This Act may be called the National Security Act, 1980.** (2) It extends to the whole of India [1]***. **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 a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer subordinate to 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) “foreigner” has the same meaning as in the Foreigners Act, 1946 (31 of 1946); (d) “person” includes a foreigner; (e) “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 the State** Government may,— (a) if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India, or (b) if satisfied with respect to any foreigner that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India, it is necessary so to do, make an order directing that such person be detained. (2) The Central Government or the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of Public order or from acting in any manner prejudicial to the maintenance of supplies and services 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, “acting in any manner prejudicial to the_ maintenance of supplies and services essential to the community” does not include “acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community” as defined in the _Explanation to sub-section (1) of section 3 of the Prevention of Black marketing and Maintenance of_ Supplies of Essential Commodities Act, 1980 (7 of 1980), and accordingly, no order of detention shall be made under this Act on any ground on which an order of detention may be made under that Act. (3) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government is satisfied that it is necessary so to do, it may, by order in writing, direct, that during such period as may be 1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019). 2 ----- specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (2), exercise the powers conferred by the said sub-section: Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance, exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time. (4) When any order is made under this section by an officer mentioned in sub-section (3), 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 officer making the order after five days but not later than [1][fifteen days] from the date of detention, this sub-section shall apply subject to the modification that, for the words “twelve days”, the words “[2][twenty days]” shall be substituted. (5) When any order is made or approved by the State Government under this section, 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. **3[5A. Grounds of detention severable.—Where a person has been detained in pursuance of an order** of detention [whether made before or after the commencement of the National Security (Second Amendment) Act, 1984 (60 of 1984)] under 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, 1. Subs. by Act 24 of 1984, s. 3, for “ten days” (w.e.f. 5-4-1984). 2. Subs. by s. 3, ibid., for “fifteen days” (w.e.f. 5-4-1984). 3. Ins. by Act 60 of 1984, s. 2 (w.e.f. 21-6-1984). 3 ----- and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in 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 section after being satisfied as provided in that 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 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 the Central Government or the State** Government or an officer mentioned in sub-section (3) 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 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; (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. (2) Upon the making of a report against any person under clause (a) of sub-section (1), the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of such person and his property as if the detention order made against him were a warrant issued by the Magistrate. (3) If any person fails to comply with an order issued under clause (b) of sub-section (1), 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. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under sub-section (3) shall be cognizable. **8. Grounds of order of detention to be disclosed to persons 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 [1][fifteen 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. (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. 1. Subs. by Act 24 of 1984, s. 4, for “ten days” (w.e.f. 5-4-1984). 4 ----- (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 mentioned in sub-section (3) of section 3, also the report by such officer under sub-section (4) 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. **12. Action upon the report of the 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 a person, the appropriate Government shall revoke the detention order and cause the person concerned 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 twelve 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 mentioned in sub-section (3) of section 3, by the State Government to which that officer is subordinate or by the Central Government; (b) notwithstanding that the order has been made by a State Government, by the Central Government. 1[(2) The expiry or revocation of a detention order (hereafter in this sub-section referred to as the earlier detention order) shall not [whether such earlier detention order has been made before or after the commencement of the National Security (Second Amendment) Act, 1984 (60 of 1984)] bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person: 1. Subs. by Act 60 of 1984, s. 3, for sub-section (2) (w.e.f. 21-6-1984). 5 ----- Provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier detention order made against such person, the maximum period for which such person may be detained in pursuance of the subsequent detention order shall, in no case, extend beyond the expiry of a period of twelve months from the date of detention under the earlier detention order.] 6 ----- **1[14A. Circumstances in which persons may be detained for periods longer than three months** **without obtaining the opinion of Advisory Boards.—(1) Nothwithstanding anything contained in the** foregoing provisions of this Act, or in any judgment, decree or order of any court or other authority, any person in respect of whom an order of detention has been made under this Act at any time before the[2][8th day of June, 1989] may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding six months, from the date of his detention where such person had been detained with a view to preventing him, in any disturbed area— (i) from interfering with the efforts of Government in coping with the terrorist and disruptive activities; and (ii) from acting in any manner prejudicial to— (a) the defence of India; or (b) the security of India; or (c) the security of the State; or (d) the maintenance of public order; or (e) the maintenance of supplies and services essential to the community. _Explanation 1.—The provisions of the Explanation to sub-section (2) of section 3 shall apply for the_ purposes of this sub-section as they apply for the purposes of that sub-section. _Explanation 2.—In this sub-section, “disturbed area” means any area which is for the time being_ declared by notification under section 3 of the Punjab Disturbed Areas Act, 1983 (32 of 1983), or under section 3 of the Chandigarh Disturbed Areas Act, 1983 (33 of 1983), to be a disturbed area. _Explanation 3.—In this sub-section, “terrorist and disruptive activities” means “terrorist acts” and_ “disruptive activities” within the meaning of the Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (Ord. 2 of 1987). (2) In the case of any person to whom sub-section (1) applies, sections 3, 8 and 10 to 14 shall have effect subject to the following modifications, namely:— (a) in section 3,— (i) in sub-section (4), in the proviso,— (A) for the words “ten days”, the words “fifteen days” shall be substituted; (B) for the words “fifteen days” the words “twenty days” shall be substituted; (ii) in sub-section (5), for the words “seven days”, the words “fifteen days” shall be substituted; (b) in section 8, in sub-section (1), for the words “ten days”, the words “fifteen days” shall be substituted; (c) in section 10, for the words “shall, within three weeks”, the words “shall, within four months and two weeks” shall be substituted; (d) in section 11,— (i) in sub-section (1), for the words “seven weeks”, the words “five months and three weeks” shall be substituted; 1. Ins. by Act 27 of 1987, s. 3 (w.e.f. 9-6-1987) earlier section 14A was inserted vide the National Security (Amendment) Act, 1984 (24 of 1984), s. 5 and subsequently the said section was repealed by the National Security (Amendment) Act, 1987 (27 of 1987), s. 4. 2. Subs. by Act 43 of 1988, s. 2, for “8th day of June, 1988” (w.e.f. 26-5-1988). 7 ----- (ii) in sub-section (2), for the words “detention of the person concerned”, the words “continued detention of the person concerned” shall be substituted; (e) in section 12, for the words “for the detention”, at both the places where they occur, the words “for the continued detention” shall be substituted; (f) in section 13, for the words “twelve months”, the words “two years” shall be substituted: (g) in section 14, in the proviso to sub-section (2), for the words “twelve months” the words “two years” shall be substituted.] **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. Act not to have effect with respect to detentions under State laws.—(1) Nothing in this Act** shall apply or have any effect with respect to orders of detention, made under any State law, which are in force immediately before the commencement of the National Security Ordinance, 1980 (11 of 1980), and accordingly every person in respect of whom an order of detention made under any State law is in force immediately before such commencement, shall be governed with respect to such detention by the provisions of such State law or where the State law under which such order of detention is made is an Ordinance (hereinafter referred to as the State Ordinance) promulgated by the Governor of that State and the State Ordinance has been replaced— (i) before such commencement, by an enactment passed by the Legislature of that State, by such enactment; or (ii) after such commencement, by an enactment which is passed by the Legislature of that State and the application of which is confined to orders of detention made before such commencement under the State Ordinance, by such enactment, as if this Act had not been enacted. (2) Nothing in this section shall be deemed to bar the making under section 3, of a detention order against any person referred to in sub-section (1) after the detention order in force in respect of him as aforesaid immediately before the commencement of the National Security Ordinance, 1980 (11 of 1980), ceases to have effect for any reason whatsoever. _Explanation.—For the purposes of this section, “State law” means any law providing for preventive_ detention on all or any of the grounds on which an order of detention may be made under sub-section (2) of section 3 and in force in any State immediately before the commencement of the said Ordinance. 8 ----- **18. Repeal and saving.—(1) The National Security Ordinance, 1980 (11 of 1980), 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, as if this Act had come into force on the 23rd day of September, 1980, and, in particular, any reference made under section 10 of the said Ordinance and pending before any Advisory Board immediately before the date on which this Act receives the assent of the President may continue to be dealt with by that Board after that date as if such Board had been constituted under section 9 of this Act. 9 -----

27-Dec-1980

70

The Hind Cycles Limited and Sen-Raleigh Limited (Nationalisation) Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/1769/1/198070.pdf

central

# THE HIND CYCLES LIMITED AND SEN-RALEIGH LIMITED (NATIONALISATION) ACT, 1980 _______ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER I PRELIMINARY CHAPTER II ACQUISITION OF THE UNDERTAKINGS OF THE TWO COMPANIES 3. Transfer to, and vesting in, the Central Government of the undertakings of the two companies. 4. General effect of vesting. 5. Owners of the two Companies to be liable for certain prior liabilities. 6. Power of Central Government to direct vesting of the undertakings of the two companies in two Government Companies. CHAPTER III PAYMENT OF AMOUNTS 7. Payment of amount. 8. Payment of further amounts. CHAPTET IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE TWO COMPANIES 9. Management, etc., of the undertakings of the two companies. 10. Duty of persons in charge of management of the undertakings of the two companies to deliver all assets, etc. 11. Duty of persons to account for assets, etc., in their possession. 12. Accounts and audit. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF THE TWO COMPANIES 13. Continuance of employees 14. Provident fund and other funds. CHAPTET VI COMMISSIONER OF PAYMENTS 15. Appointment of Commissioner of Payments. 16. Payment by Central Government to the Commissioner. 17. Certain powers of Central Government or Government companies. 18. Claims to be made to the Commissioner. 19. Priority of claims. 20. Examination of claims. 21. Admission or rejection of the claims. 22. Disbursement of money by the Commissioner. 1 ----- SECTIONS 23. Disbursement of amounts to the two companies. 24. Undisbursed or unclaimed amount to be deposited with the general revenue account. CHAPTER VII MISCELLANEOUS 25. Act to have overriding effect. 26. Contracts to cease to have effect unless ratified by the Central Government or Government companies. 27. Penalties. 28. Offences by companies. 29. Protection of action taken in good faith. 30. Delegation of powers. 31. Power to make rules. 32. Power to remove difficulties. 33. Repeal and saving. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE. 2 ----- THE HIND CYCLES LIMITED AND SEN-RALEIGH LIMITED (NATIONALISATION) # ACT, 1980 # ACT NO. 70 OF 1980 [27th December, 1980.] An Act to provide for the acquisition of the undertakings of the Hind Cycles Limited, and Sen-Raleigh 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 bicycles, and their component parts and accessories which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto. WHEREAS Hind Cycles Limited and Sen-Raleigh Limited had been engaged in the manufacture production of articles mentioned in the First Schedule to the Industries (Development and Regulation) Act, 1951(65 of 1951), namely, bicycle and their component parts and accessories; AND WHEAREAS the management of the undertakings of Hind Cycles Limited and Sen-Raleigh Limited were taken over by the Central Government under the provisions of the Industries (Development and Regulation) Act, 1951(65 of 1951); AND WHEAREAS it is necessary to acquire the undertakings of Hind Cycles Limited and Sen-Raleigh Limited to ensure that the interests of the general public are served by the continuance, by the undertakings of the two companies, 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 Hind Cycles Limited and Sen-Raleigh Limited (Nationalisation) Act, 1980. (2) It shall be deemed to have come into force on the 15th day of October, 1980. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 15th day of October, 1980; (b) “Commissioner” means the Commissioner of Payments appointed under section 15; (c) “Custodian” means the Custodian appointed under sub-section (2) of section 9 to take over, or carry on, the management of the undertakings of either, or both, of the two companies; (d) “notification” means a notification published in the Official Gazette; (e) “prescribed” means prescribed by rules made under this Act; (f) “Sen-Raleigh Limited” includes Sen and Pandit Industries Limited, Ancillary Industries (Lugs) Private Limited, Ancillary Industries (Forgings) Private Limited, Ancillary Industries (Cranks) Private Limited and Naokhali Machine Tools Limited, all having their registered offices at 1, Middeton Street, Calcutta; (g) “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; (h) “two companies” means Hind Cycles Limited and Sen-Raleigh Limited, being companies as defined in the Companies Act, 1956 (1 of 1956), and having their registered offices at Birlagram, Nagda (Madhya Pradesh), and 1, Middleton Street, Calcutta, respectively; (i) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act. 3 ----- CHAPTER II ACQUISITION OF THE UNDERTAKINGS OF THE TWO COMPANIES **3. Transfer to, and vesting in, the Central Government of the undertakings of the two** **companies.—On the appointed day, the undertakings of each of the two companies, and the right, title** and interest of each of the two companies in relation to such undertakings, shall, by virtue of the Act, stand transferred to, and shall vest in, the Central Government. **4. General effect of vesting.—(1) The undertakings of each 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 on hand, cheques, demand drafts, reserve funds, investments, book debts, and all other rights and interest in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of such company 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 specified in sub-section (2) of section 5. (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 encumbrances affecting them, and any attachment, injunction, decree or order of any court 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 amount specified, in relation to the company owning such property, in the First Schedule, and also out of the amounts determined under section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government. (5) Any licence or other instrument granted to either of the two companies 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 that 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 6 in a Government company, such Government company shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such Government company and such Government company shall hold it for the remainder of the period for which the company to which it was granted 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 matter specified in sub-section (2) of section 5, in respect of any undertaking of either of the two companies, instituted or preferred by or against either of the two companies, 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 either of two companies 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 two companies are directed, under section 6, to vest in Government Companies, by or against the concerned Government company. **5. Owners of the two Companies to be liable for certain prior liabilities.—(1) Every liability,** other than the liability specified in sub-section (2), of each of the two companies in respect of any period 4 ----- prior to the appointed day, shall be the liability of the concerned company and shall be enforceable against it and not against the Central Government, or, where the undertakings of the two companies are directed under section 6, to vest in Government companies, against the concerned Government company. (2) Any liability arising in respect of materials supplied to either of the two companies after the management of the undertakings of the Company had been taken over by the Central Government shall, on and from the appointed day, be the liability of the Central Government or of the concerned Government company aforesaid, and shall be discharged by that Government or Government Company, as and when repayment for such supplies becomes 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 provision of this Act, no liability, other than the liability specified in sub-section (2), of either of the two companies in relation to its undertakings in respect of any period prior to the appointed day, shall be enforceable against the Central Government, or, where the undertakings of the two companies are directed, under section 6, to vest in Government companies, against the concerned Government company; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of either of the two companies, passed on or after the appointed day, in respect of any matter, claim or dispute, not being a matter, claim or dispute in relation to any matter referred to in sub-section (2), which arose before that day, shall be enforceable against the Central Government, or, where the undertakings of the two companies are directed, under section 6, to vest in Government companies, against the concerned Government company; (c) no liability incurred by either of the two companies 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 two companies are directed, under section 6, to vest in Government companies, against the concerned Government company. **6. Power of Central Government to direct vesting of the undertakings of the two Companies in** **two Government Companies.—(1) Notwithstanding anything contained in sections 3 and 4, the Central** Government may, subject to such terms and conditions as it may think fit to impose, direct, by notification, that each of the undertakings of the two companies and the right, title and interest of each of the two companies in relation to their respective undertakings which have vested in that Government under section 3, and such of the liabilities of each of the two companies as are specified in sub-section (2) of section 5, shall, instead of continuing to vest in the Central Government, vest in two Government companies 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, and the liabilities referred to in sub-section (2) of section 5, of each of the two companies, in relation to its undertakings, vest in two Government companies under sub-section (1), the Government companies shall, on and from the date of such vesting, be deemed to have become owners in relation to such undertakings, and all 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 the rights and liabilities, respectively, of the Government companies. CHAPTER III PAYMENT OF AMOUNTS **7. Payment of amount.—For the transfer to, and vesting in, the Central Government, under** section 3, of the undertakings of each of the two companies and the right, title and interest of each of the two companies in relation to such undertakings, there shall be given by the Central Government to each of the companies, in cash and in the manner specified in Chapter VI, an amount equal to the amount specified against the name of such company in the First Schedule. **8. Payment of further amounts.—(1) For the deprivation of the two companies of the management** of their undertakings, there shall be given by the Central Government to each of the companies in cash, an amount calculated at the rate specified against the name of such company in the Second Schedule for the 5 ----- period commencing on the date on which the management of the undertakings of such company was taken over in pursuance of the orders made by the Central Government under the provisions of the Industries (Development and Regulation) Act, 1951(65 of 1951) and ending on the appointed day. (2) The amount specified in section 7 and the amount calculated 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 by the Central Government to the two companies in addition to the amount specified in the First Schedule. CHAPTET IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE TWO COMPANIES **9. Management, etc., of the undertakings of the two companies.—The general superintendence,** direction, control and management of the affairs and business of the undertakings of each of the two companies, 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 6, vest in the Government company specified in such direction; or (b) where no such direction has been made by the Central Government, vest in one or more Custodians appointed by the Central Government under sub-section (2), and thereupon the Government company so specified 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 either, or both, of the two companies is or are, authorised to exercise and do in relation to its or their undertakings. (2) The Central Government may appoint one or more individuals or a Government company as the Custodian or Custodians of the undertakings of either, or both, of the two companies in relation to which no direction has been made by it under sub-section (1) of section 6. (3) The Custodian or Custodians so appointed shall receive, from the funds of the undertakings of the two companies, such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government. **10. Duty of persons in charge of management of the undertakings of the two companies to** **deliver all assets, etc.—(1) On the vesting of the management of the undertakings of the two companies** in Government companies or on the appointment of a Custodian or Custodians, all persons in charge of the management of the undertakings of either of the two companies immediately before such vesting or appointment, shall be bound to deliver to the concerned Government company or the Custodian or Custodians, as the case may be, all assets, books of account, registers or other documents in their custody relating to the undertakings. (2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Government companies or the Custodian or Custodians, and such Government companies or the 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 two companies shall be conducted or in relation to any other matter arising in the course of such management. **11. 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 two companies, which have vested in the Central Government or in Government companies under this Act, and which belong to the two companies, or would have so belonged, if the undertakings owned by the two companies had not vested in the Central Government or such Government companies, shall be liable to account for the said assets, books, documents and other 6 ----- papers to the Central Government or the Government companies and shall deliver them up to the Central Government or such Government companies or to such person or persons as the Central Government or the concerned Government company may specify in this behalf. (2) The Central Government or the Government companies aforesaid may take or cause to be taken all necessary steps for securing possession of the undertakings of the two companies which have vested in the Central Government or the Government companies under this Act. (3) The two companies shall within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all their properties 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 Government companies aforesaid shall afford to the two companies all reasonable facilities. **12. Accounts and audit.—The Custodian or Custodians of the undertakings of either, or both, of the** two companies shall maintain an account of the undertakings of the concerned company or companies 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. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF THE TWO COMPANIES **13. Continuance of employees.—(1) Every person who has been, immediately before the appointed** day, employed in any undertaking of either of the two companies shall become,— (a) on and from the appointed day, an employee of the Central Government, and (b) where the undertakings of the two companies are directed, under sub-section (1) of section 6, to vest in Government Companies, an employee of the concerned Government company on and from the date of such vesting or transfer; and shall hold office or service under the Central Government or the concerned 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 concerned 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 Concerned 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 any undertaking of either of the two companies, to the Central Government or a 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 either of the two companies has established a** provident fund, superannuation, welfare or other fund for the benefit of the persons employed in any of its undertakings, the moneys relatable to the officers or other employees whose services have become transferred by or under this Act to the Central Government or Government company shall, out of the moneys standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, the Central Government or the concerned Government company, as the case may be. (2) The moneys which stand transferred under sub-section (1) to the Central Government or the Government company, as the case may be, shall be dealt with by that Government or Government company in such manner as may be prescribed. 7 ----- CHAPTET 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 7 and 8 to each of the two companies, 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 each of the two companies,— (a) an amount equal to the amount specified against the name of such company in the First Schedule; and (b) an amount equal to the amount payable to each of the two companies 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 the undertakings of each of the two companies in relation to which payments have been made to him under this Act. (4) Interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the two companies. **17. Certain powers of Central Government or Government companies.—(1) The Central** Government or the concerned 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 either of the two companies in relation to the undertakings which have 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 concerned 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 either of the two companies, not being any liability specified in sub-section (2) of section 5, in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this Act, to the matter in relation to which such liability has been discharged by the Central Government or the Government company. (3) Save as otherwise provided in this Act, the liabilities or either of the two companies 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 respective company. **18. Claims to be made to the Commissioner.—Every person having a claim against either of the** two companies with regard to any of the matters specified in the Third Schedule pertaining to any undertaking owned by it shall prefer such claim before the Commissioner within thirty days from the specified date: 8 ----- 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 Third 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 the claims in respect of such lower category. **21. Admission or rejection of claims.—(1) After examining the claims with reference to the** priorities specified in the Third 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 in 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 disbursements made by the Commissioner. (4) The commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the concerned 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 ). 9 ----- (7) A claimant who is dissatisfied with the decision of the Commissioner, may prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned 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 exercising jurisdiction over the place in which the registered office of the concerned 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 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 each of the two companies in respect of such claim shall stand discharged. **23. Disbursement of amounts to the two companies.—(1) If, out of the moneys paid to him in** relation to the undertakings of either of the two companies, there is a balance left after meeting the liabilities as specified in the Third Schedule, the Commissioner shall disburse such balance to the concerned company. (2) Where the possession of any machinery, equipment or other property has vested in the Central Government or a Government company under this Act, but such machinery, equipment or other property does not belong to either of the two companies, it shall be lawful for the Central Government or the concerned 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 either of the companies 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 wound up, shall be transferred by the Commissioner, before his office is finally would 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 the 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 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. Contracts to cease to have effect unless ratified by Central Government or Government** **companies.—Every contract entered into by either of the two companies in relation to any of its** undertakings which has vested in the Central Government under section 3 for any service, sale or supply, and in force immediately before the appointed day, shall, on and from the expiry of a period of thirty 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 Government company concerned, in which such undertaking has 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 the 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. 10 ----- **27. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of any undertaking of either of the two companies, wrongfully withholds such property from the Central Government or the Government company concerned; or (b) wrongfully obtains possession of or retains, any property forming part of any undertaking of either of the two companies; or (c) wilfully withholds or fails to furnish to the Central Government or the Government company concerned or any person or body of persons specified by that Government or such Government company, any document relating to such undertaking, which may be in his possession, custody or control; or (d) fails to deliver to the Central Government or the Government company concerned 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 of either of the two companies; or (e) wrongfully removes or destroys any property forming part of any undertaking of either of the two companies or prefers any claim which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with 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 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. **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 Custodian or the Government companies or other person authorised by that Government or Government companies 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 Custodian or the Government companies or any officer or other person authorised by those companies 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 this section and 11 ----- 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 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, the Custodian or Custodians shall maintain the accounts as required by section 12; (c) the manner in which the moneys in any provident fund or other fund, referred to in section 14, shall be dealt with; (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. **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. Repeal and savings.—(1) The Hind Cycles Limited and Sen-Raleigh Limited (Nationalisation)** Ordinance, 1980 (16 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. 12 ----- THE FIRST SCHEDULE [See sections 4(4), 7, 8(3) and 16(1)(a)] Sl. No Name of the Company Amount (Rupees in lakhs ) 1. Hind Cycles Limited 241.47 2. Sen-Raleigh Limited 708.00 3. Sen and Pandit Industries Limited 23.96 4. Ancillary Industries (Lugs) Private Limited 1.31 5. Ancillary Industries (Forgings) Private Limited 1.44 6. Ancillary Industries (Cranks) Private Limited 2.33 7. Naokhali Machine Tools Limited 2.87 13 ----- THE SECOND SCHEDULE [See sections 8(1) ] Sl. No Name of the Company Rate per annum (Rupees) 1. Hind Cycles Limited 8,000 2. Sen-Raleigh Limited 8,000 3. Sen and Pandit Industries Limited 500 4. Ancillary Industries (Lugs) Private Limited 500 5. Ancillary Industries (Forgings) Private Limited 500 6. Ancillary Industries (Cranks) Private Limited 500 14 ----- THE THIRD SCHEDULE [See sections 18, 20 (1), 21(1) and 23 (1)] ORDER OF PRIORITIES FOR THE DISCHARGE OF LIABILITIES OF THE TWO COMPANIES _Post-take-over management period_ _Category I—_ (a) Wages, salaries and other dues payable to the employees of the companies. (b) Deductions made from the salaries and wages of the employees for provident fund, the Employees‟ State Insurance Fund, premium relating to the Life Insurance Corporation of India or for any other purpose. _Category II—_ Principal amount of loans advanced by— (i) the Central Government; (ii) a State Government; (iii) Banks and financial institutions: (iv) any other sources. _Category III—_ (a) Arrears in relation to contributions to be made by the companies to provident fund, the Employees‟ State Insurance Fund or under any other law for the time being in force providing for such contributions. (b) Any credits availed of by the companies for the purpose of carrying on any trading or manufacturing operations, other than those specified in sub-section (2) of section 5. (c) Any dues of State Electricity Boards or other Government or semi-Government institutions against supply of goods or services, other than those specified in sub-section (2) of section 5. (d) Arrears of interest on loans and advances . _Category IV—_ (a) Revenue, taxes, cesses, rates or other dues to Central Government, a State Government or any local authority. (b) Any other dues. _Pre-take-over management period_ _Category V—_ (a) Wages, salaries and other dues payable to the employees of the companies. (b) Deductions made from the salaries and wages of the employees for provident fund, the Employees‟ State Insurance Fund, premium relating to the Life Insurance Corporation of India or for any other purpose. _Category VI—_ (a) Principal amount of secured loans advanced by— (i) the Central Government; (ii) a State Government; (iii) Banks and financial institutions. 15 ----- (b) Arrears in relation to contributions to be made by the companies to provident fund, the Employees‟ State Insurance Fund or under any other law for the time being in force providing for such contributions. _Category VII—_ Principal amount of unsecured loans advanced by— (i) the Central Government; (ii) a State Government; (iii) Banks and financial institutions. _Category VIII—_ (a) Any credits availed of by the companies for the purpose of carrying on any trading or manufacturing operations. (b) Any dues of State Electricity Boards or other Government and semi-Government institutions against supply of goods or services. (c) Arrears of interest on loans and advances. (d) Revenue, taxes, cesses, rates or other dues to the Central Government, a State Government or any local authority. (e) Any other loans or dues 16 -----

27-Dec-1980

67

The Bird and Company Limited (Acquisition and Transfer of Undertakings and Other Properties) Act, 1980

https://www.indiacode.nic.in/bitstream/123456789/19235/1/A198067.pdf

central

# THE BIRD AND COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS AND OTHER PROPERTIES) 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 AND OF SHARES HELD BY THE COMPANY IN THE SPECIFIED COMPANIES 3. Transfer to, and vesting in, the Central Government of the undertakings of the Company. 4. Transfer and vesting of shares held by the Company in the specified companies. 5. General effect of vesting. 6. Central Government or the Government company not to liable for certain prior liabilities. 7. Power of Central Government to direct vesting of the undertakings of the Company in a Government company. CHAPTER III PAYMENT OF AMOUNTS 8. Payment of amounts to the Company and specified companies. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE COMPANY 9. Management, etc., of the undertakings of the Company. 10. Duty of persons in charge of management of undertakings of the Company to deliver all assets, etc. CHAPTER V PROVISION RELATING TO EMPLOYEES OF THE COMPANY 11. Continuance of employees. 12. Provident fund and other funds. CHAPTER VI COMMISSIONER OF PAYMENTS 13. Appointment of Commissioner of Payments. 14. Payment by Central Government to the Commissioner. 1 ----- SECTIONS 15. Certain powers of Central Government or Government company. 16. Claims to be made to the Commissioner. 17. Priority of claims. 18. Examination of claims. 19. Admission or rejection of claims. 20. Disbursement of money by Commissioner to claimants. 21. Disbursement of amounts to the Company and possession of certain machinery, equipment, etc. 22. Undisbursed or unclaimed amount to be deposited to the general revenue account. CHAPTER VII MISCELLANEOUS 23. Act to have overriding effect. 24. Contracts to cease to have effect unless ratified by the Central Government or Government company. 25. Penalties. 26. Offences by companies. 27. Protection of action taken in good faith. 28. Delegation of powers. 29. Power to make rules. 30. Power to remove difficulties. 31. Repeal and saving. SCHEDULE I. SCHEDULE II. 2 ----- # THE BIRD AND COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS AND OTHER PROPERTIES) ACT, 1980 # ACT NO. 67 OF 1980 [27th December, 1980.] # An Act to provide for the acquisition and transfer of the undertakings of the Bird and Company Limited for the purpose of ensuring the continuity of production of goods which are vital to the needs of the country and for the acquisition of shares held by the Bird and Company Limited in the specified companies for the purpose of securing to those undertakings the facilities and advantages derived by reason of such shareholding with respect to the operation and functioning of those undertakings and also to enable the Central Government to exercise such control over the affairs of the specified companies as is necessary to ensure that the affairs of those companies are not mismanaged and for matters connected therewith or incidental thereto. WHEREAS the Bird and Company Limited were engaged in the manufacture of E.O.T. cranes and other varieties of cranes; polystyrene based cation exchange resin; equipment for fertilizers, oil refineries, steel plants, petro-chemical and other industries; tanks and vessels of various shapes and sizes, water treatment equipment and other types of equipment for the control of water pollution and were also engaged in various other activities; AND WHEREAS the top management of the Bird and Company Limited had so mismanaged the affairs of that Company as to cause heavy losses to the Company and had also managed the affairs of the Company in a manner prejudicial to the interests of the Company and the public interest; AND WHEREAS in view of the mismanagement aforesaid, the Central Government had, in pursuance of the provisions of section 408 of the Companies Act, 1956 (1 of 1956), appointed six directors on the Board of directors of the Bird and Company Limited; AND WHEREAS investment of a large amount is necessary for the maintenance and development of the production of the undertakings of the Company; AND WHEREAS it is necessary in the public interest to acquire the undertakings of the Bird and Company Limited to enable the Central Government to have such investment made and 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 goods or articles which are essential to the needs of the economy of the country; AND WHEREAS the Bird and Company Limited is holding shares in the specified companies which are either engaged in the production, distribution or marketing of goods which are vital to the needs of the country or are engaged in providing finance to other companies which are so engaged and it is expedient in the public interest to acquire the said shares to secure for the undertakings of the Company the facilities and advantages derived by reason of such shareholding with respect to the operation and functioning of such undertakings and also to enable the Central Government to exercise, through such shareholdings, such control on the affairs of those companies as may be necessary to prevent their mismanagement; 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.—This Act may be called the Bird and Company Limited** (Acquisition and Transfer of Undertakings and Other Properties ) Act, 1980. (2) It shall be deemed to have come into force on the 25th day of October, 1980. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 25th day of October, 1980; (b) “Commissioner” means the commissioner of Payments appointed under section 13; 3 ----- (c) “Company” means the Bird and Company Limited, being a company as defined in the Companies Act, 1956 (1 of 1956), and having its registered office at Chartered Bank Buildings, Calcutta-700001, in the State of West Bengal; (d) “notification” means a notification published in the Official Gazette; (e) “prescribed” means prescribed by rules made under this Act; (f) “share” means a share, whether equity or preference, held by the Company in the capital of a specified company and includes any such share pledged by the Company with any bank or any other creditor; (g) “specified company” means a company specified in Schedule I; (h) “specified date”, means such date as the Central Government may, for the purposes of any provision of this Act, by notification, specify, 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), shall have the meanings, respectively, assigned to them in that Act. CHAPTER II ACQUISITION AND TRANSFER OF THE UNDERTAKINGS OF THE COMPANY AND OF SHARES HELD BY THE COMPANY IN THE SPECIFIED COMPANIES **3. Transfer to, and vesting in, 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. Transfer and vesting of shares held by the Company in the specified companies.—(1) On the** appointed day, all the shares held by the Company in the specified companies shall, by virtue of this Act, stand transferred to, and vest in, the Central Government. (2) The Central Government shall be deemed, on and from the appointed day, to have been registered in the Register of Members of the concerned specified company as the holder of each share which stands transferred to, and vested in, it by virtue of the provisions of sub-section (1). (3) For the removal of doubts, it is hereby declared that the provisions of sub-sections (1) and (2) shall not be deemed to affect,— (a) any right of a specified company subsisting, immediately before the appointed day, against the Company to recover from it any sum of money on the ground that the Company has not paid or credited to the specified company the whole or any part of the value of the shares held by it, or on any other ground whatsoever; or (b) any right of a specified company subsisting, immediately before the appointed day, against the Company to receive any payments due from the Company. **5. General effect of vesting.—(1) The undertaking of the Company shall be deemed to include all** assets, rights, leaseholds, 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, whether under section 3 or section 4, 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. 4 ----- (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, 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 that 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 7, in a Government company, that Government company shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such Government company and such Government company shall hold it for the remainder of the period for which that 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, whether under section 3 or under section 4, 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 7, to vest in a Government company, by or against such company. **6. Central Government or the Government company not to be liable for 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 are directed, under section 7, to vest in a Government company, against such company. (2) For the removal of doubts, it is hereby declared that— (a) save as otherwise expressly provided in this Act, no liability of Company in relation to its undertakings, or in relation to any share held by it in a specified company, in respect of any period prior to the appointed day, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 7, to vest in a Government company, against such company; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the Company or in relation to any share held by the Company in a specified 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 are directed, under section 7 to vest in a Government company, against such 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 are directed under section 7, to vest in a Government company, against such company. **7. Power of Central Government to direct vesting of the undertakings of the Company in a** **Government company.—(1) Notwithstanding anything contained in section 3, the Central Government** may, if it is satisfied that a Government company is willing to comply 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 5 ----- 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 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 a Government company that Government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all 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 the rights and liabilities, respectively, of that Government company. CHAPTER III PAYMENT OF AMOUNTS **8. Payment of amounts to the Company and specified companies.—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 its undertakings there shall be paid by the Central Government to the Company in cash and in the manner specified in Chapter VI, an aggregate amount of rupees two hundred and eighty-three lakhs. (2) For the transfer to, and vesting in, the Central Government, under section 4, of the shares held by the Company in the specified companies, there shall be paid by the Central Government to the Company in cash and in the manner specified in Chapter VI, an aggregate amount of rupees twenty-seven lakhs. (3) The amount specified in sub-section (1) and the amount specified in sub-section (2) shall carry simple interest 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. (4) 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 amounts due to the Company under sub-section (1) and sub-section (2). CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE COMPANY **9. Management, etc., of the undertakings of the Company.—(1)** The general superintendence, direction, control and management of the affairs and business of the undertakings of the Company, the right, title and interest in relation to which have vested in the Central Government under section 3, shall,— (a) where a direction has been made by the Central Government under sub-section (1) of section 7, vest, on and from the date specified in such direction, in the Government company specified therein; (b) where no such direction has been made by the Central Government, vest, on and from the appointed day, in one or more Custodians appointed by the Central Government under sub-section (2), and thereupon the Government company so specified 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 its undertakings. (2) The Central Government may appoint an individual or a Government company as the Custodian of the undertakings of the Company in relation to which no direction has been made by it under sub-section (1) of section 7. (3) The Custodian shall receive from the funds of the undertakings of the Company such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government. **10. Duty of persons in charge of management of undertakings of the Company to deliver all** **assets, etc.—(1) On the vesting of the management of the undertakings of the Company in a Government** company or on the appointment of a Custodian, all persons in charge of the management of the undertakings of the Company immediately before such vesting or appointment, shall be bound to deliver 6 ----- to such Government company or Custodian, 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 Government company or the Custodian as to the powers and duties of such Government company or Custodian and such Government company or Custodian 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. (3) The Custodian 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 account so maintained as they apply to the audit of the accounts of a company. CHAPTER V PROVISION RELATING TO EMPLOYEES OF THE COMPANY **11. Continuance of employees.—(1) Every employee of the Company, employed in connection with** any undertaking owned by it, shall, on and from the appointed day, become an employee of the Central Government, and where such undertaking is vested in a 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 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 any undertaking owned by the 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. **12. 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 the person employed in any of the undertakings of the Company, the monies relatable to the employee, 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, superannuation, welfare or other fund, 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 **13. Appointment of Commissioner of Payments.—(1) The Central Government shall, for the** purpose of disbursing the amounts payable to the Company under section 8, 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. 7 ----- (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. **14. 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 the amounts specified in 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) Records shall be maintained by the Commissioner in respect of the undertakings of the Company and the shares held by it in the specified companies, in relation to which payment has been made to him under this Act. (4) The interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the Company. **15. 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 the Company, 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 it after the appointed day for discharging any liability of the Company in relation to any period prior to the appointed day; and every such claim shall have priority in accordance with the 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 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. **16. Claims to be made to the Commissioner.—Every person having a claim against the Company** 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 and not thereafter. **17. Priority of claims.—The claims arising out of the matters specified in the Schedule II 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; (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. **18. Examination of claims.—(1) On receipt of the claims made under section 16, the Commissioner** shall arrange the claims in the order of priorities specified in the Schedule II and examine the same in accordance with such order of priorities. 8 ----- (2) If, on an examination of the claims, the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category. **19. Admission or rejection of claims.—(1) After examining the claims with reference to the** priorities set out in the Schedule II, 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 disbursements 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 any daily newspaper in the English language and in 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 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 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 sittings and shall, for the purpose of making an investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 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 the decision to the principal civil court of original jurisdiction 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 lie to the High Court at Calcutta, and such appeal shall be heard and disposed of by not less than two Judges of that High Court. **20. 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 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 such claim shall stand discharged. **21. Disbursement of amounts to the Company and possession of certain machinery, equipment,** **etc.—(1) If, out of the monies paid to him in relation to the undertakings of the Company, there is a** balance left after meeting the liabilities as specified in the Schedule II, the Commissioner shall disburse such balance to the company. (2) Where any machinery, equipment or other property, has vested, under this Act, in the Central Government or the Government company, as the case may be, but such machinery, equipment or other property does not belong to the Company, it shall be lawful for the Central Government or the 9 ----- Government company, as the case may be, to continue to possess such machinery, equipment and other property on the same terms and conditions under which they were possessed by the Company immediately before the appointed day. **22. Undisbursed or unclaimed amount to be deposited to 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 wound 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 **23. 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. **24. Contracts to cease to have effect unless ratified by the Central Government or Government** **company.—Every contract entered into by the Company in relation to 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 Government company, in which such undertakings have been vested under this Act, and in ratifying such contract, the Central Government or Government company may make such alteration or modification therein as it may think fit: Provided that the Central Government or 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 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. **25. Penalties.—Any person who—** (a) having in his possession, custody or control any property forming part of any undertaking of the Company, or any share held by the Company in any specified company, wrongfully withholds such property or share from the Central Government or Government company; or (b) wrongfully obtains possession of, or retains any property forming part of any undertaking of the Company or willfully withholds or fails to furnish to the Central Government or Government company or any person specified by that Government or Government company, any document relating to such undertakings or share which may be in his possession, custody or control or fails to deliver to the Central Government or Government company or any person 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 of the Company or any share held by the Company in any specified company; or (c) wrongfully recovers or destroys any property forming part of any undertaking of the Company 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. 10 ----- **26. Offences by companies.—(1) Where an offence punishable 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; (b) “director”, in relation to a firm, means a partner in the firm. **27. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or the Custodian of the Undertakings of the Company, or the Government Company or any officer 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. **28. 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 section 29 and section 30, 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. **29. 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 time within which, and the manner in which, an intimation shall be given to the commissioner under sub-section (3) of section 5; (b) the form and the manner in which, and the conditions under which, accounts shall be maintained by the Custodian as required by sub-section (3) of section 10; (c) the manner in which monies in any provident fund or other fund referred to in section 12 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. 11 ----- **30. 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. **31. Repeal and saving.—(1) The Bird and Company Limited (Acquisition and Transfer of** Undertakings and Other Properties) Ordinance, 1980 (18 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. 12 ----- SCHEDULE I [See section 2 (g)] 7. Kinnison Jute Mills Company Limited Office 16. Calcium Carbide and Chemicals Ltd., having Having 13 ----- SCHEDULE II (See sections 17, 18, 19 and 21) ORDER OF PRIORITIES FOR THE DISCHARGE OF LIABILITIES OF THE COMPANY _Category I—_ (a) Wages, salaries and other dues payable to the employees of the Company. (b) Arrears in relation to contributions to be made by the Company to the Provident Fund, Employees State Insurance Fund, Life Insurance Corporation premium and any other arrear under any law for the time being in force (excluding gratuity). _Category II—_ Principal amount of secured loans advanced by— (i) Central Government; (ii) State Government; (iii) Banks; (iv) public financial institutions. _Category III—_ Principal amount of unsecured loans advanced by— (i) Central Government; (ii) State Government; (iii) Banks; (iv) public financial institutions. _Category IV—_ (a) Any credit availed of by the Company for the purpose of carrying on any trading or manufacturing operations. (b) Any dues payable to the State Electricity Boards or other Government or semi-Government institutions for supply of goods or services. (c) Arrears of interest on loans and advances. _Category V—_ (a) Revenue, taxes, cesses, rates or other dues to Central Government, State Government and local authorities. (b) Any other loans or dues. 14 -----

27-Dec-1980

69

The Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980

https://www.indiacode.nic.in/bitstream/123456789/1760/4/a1980-69.pdf

central

# THE VAN (SANRAKSHAN EVAM SAMVARDHAN) ADHINIYAM, 1980 ________ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title, extent and commencement. 1A. Act to cover certain land. 2. Restriction on the dereservation of forests or use of forest land for non-forest purpose. 2A. Appeal to National Green Tribunal. 3. Constitution of Advisory Committee. 3A. Penalty for contravention of the provisions of the Act. 3B. Offences by authorities and Government departments. 3C. Power of Central Government to issue directions. 4. Power to make rules. 5. Repeal and saving. 1 ----- # THE VAN (SANRAKSHAN EVAM SAMVARDHAN) ADHINIYAM, 1980 ACT NO. 69 OF 1980 [27th December, 1980.] # An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. 1[WHEREAS, the importance of forests is to be realised to enable achievement of national # targets of Net Zero Emission by 2070 and maintain or enhance the forest carbon stocks through ecologically balanced sustainable development; AND WHEREAS, *[Nationally] Determined Contribution targets of the country envisage creating carbon sink of additional 2.5 to 3.0 billion tons of CO2 equivalent by 2030; AND WHEREAS, the country envisages an increase in the forest and tree cover to one-third of its land area, which is to be given impetus with an enhanced growth trajectory; AND WHEREAS, India has a rich tradition of preserving forests and their bio-diversity, and, therefore, enhancing forest based economic, social and environmental benefits, including improvement of livelihoods for forest dependent communities is envisaged; AND WHEREAS, it is necessary to provide for provisions relating to conservation management and restoration of forests, maintaining ecological security, sustaining cultural and traditional values of forests and facilitating economic needs and carbon neutrality.] 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** [2][Van (Sanrakshan # Evam Samvardhan) Adhiniyam], 1980. (2) It extends to the whole of India [3]***. (3) It shall be deemed to have come into force on the 25th day of October, 1980. 4[1A. Act to cover certain land.—(1) The following land shall be covered under the # provisions of this Act, namely:— (a) the land that has been declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 (16 of 1927) or under any other law for the time being in force; (b) the land that is not covered under clause (a), but has been recorded in Government record as forest, as on or after the 25th October, 1980: Provided that the provisions of this clause shall not apply to such land, which has been changed from forest use to use for non-forest purpose on or before the 12th December, 1996 in pursuance of an order, issued by any authority authorised by a State Government or an Union territory Administration in that behalf. Explanation.—For the purposes of this sub-section, the expression “Government record” means record held by Revenue Department or Forest Department of the State Government or Union territory Administration, or any authority, local body, community or council recognised by the State Government or Union territory Administration. 1. Ins. by Act 15 of 2023, s. 2 (w.e.f. 1-12-2023). 2. Subs. by s. 3, ibid., for “Forest (Conservation) Act” (w.e.f. 1-12-2023). 3. 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). 4. Ins. by Act 15 of 2023, s. 4 (w.e.f. 1-12-2023). - Corrected by corrigendum dated 4[th] August 2023, for “Nationality”. 2 ----- # (2) The following categories of land shall not be covered under the provisions of this Act, namely:— (a) such forest land situated alongside a rail line or a public road maintained by the Government, which provides access to a habitation, or to a rail, and roadside amenity up to a maximum size of 0.10 hectare in each case; (b) such tree, tree plantation or reafforestation raised on lands that are not specified in clause (a) or clause (b) of sub-section (1); and (c) such forest land,— (i) as is situated within a distance of one hundred kilometres along international borders or Line of Control or Line of Actual Control, as the case may be, proposed to be used for construction of strategic linear project of national importance and concerning national security; or (ii) up to ten hectares, proposed to be used for construction of security related infrastructure; or (iii) as is proposed to be used for construction of defence related project or a camp for paramilitary forces or public utility projects, as may be specified by the Central Government, the extent of which does not exceed five hectares in a Left Wing Extremism affected area as may be notified by the Central Government. (3) The exemption provided under sub-section (2) shall be subject to such terms and conditions, including the conditions of planting trees to compensate felling of trees undertaken on the lands, as the Central Government may, by guidelines, specify.] **2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.—[1][(1)]** Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing— (i) that any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved; (ii) that any forest land or any portion thereof may be used for any non-forest purpose. 2[(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization [3][subject to # such terms and conditions, as the Central Government may, by order, specify]; (iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.] 4[Explanation.—For the purposes of this section “non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for— (a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants; (b) any purpose other than reafforestation, 5[but does not include any work relating to or ancillary to conservation, development and # management of forests and wildlife, such as— 1. Section renumbered as sub-section (1) by Act 15 of 2023, s. 5 (w.e.f. 1-12-2023). 2. Ins. by Act 69 of 1988, s. 2 (w.e.f. 15-3-1989). 3. Subs. by Act 15 of 2023, s. 5, for “not owned, managed or controlled by Government” (w.e.f. 1-12-2023) 4. Subs. by Act 69 of 1988, s. 2, for the Explanation (w.e.f. 15-3-1989). 5. Subs. by Act 15 of 2023, s. 5, for the long line (w.e.f. 1-12-2023). 3 ----- (i) silvicultural operations including regeneration operations; (ii) establishment of check-posts and infrastructure for the front line forest staff; (iii) establishment and maintenance of fire lines; (iv) wireless communications; (v) construction of fencing, boundary marks or pillars, bridges and culverts, check dams, waterholes, trenches and pipelines; (vi) establishment of zoo and safaris referred to in the Wild Life (Protection) Act, 1972 (53 of 1972), owned by the Government or any authority, in forest areas other than protected areas; (vii) eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or Tiger Conservation Plan or Working Scheme of that area; and (viii) any other like purposes, which the Central Government may, by order, specify.]] 1[(2) The Central Government may, by order, specify the terms and conditions subject to # which any survey, such as, reconnaissance, prospecting, investigation or exploration including seismic survey, shall not be treated as non-forest purpose.] 2[2A. Appeal to National Green Tribunal.—Any person aggrieved, by an order or decision of the State Government or other authority made under section 2, 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.] **3.** **Constitution of Advisory Committee.—The Central Government may constitute a Committee** consisting of such number of persons as it may deem fit to advise that Government with regard to— (i) the grant of approval under section 2; and (ii) any other matter connected with the conservation of forests which may be referred to it by the Central Government. 3[3A. Penalty for contravention of the provisions of the Act.—Whoever contravenes or abets the contravention or any of the provisions of section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days. **3B. Offences by authorities and Government departments.—(1) Where any offence under this Act** has been committed— (a) by any department of Government, the head of the department; or (b) by any authority, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the authority for the conduct of the business of the authority as well as the authority, 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 the head of the department or any person referred to in clause (b), liable to any punishment if the proves that the offence was committed without his knowledge or that exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence punishable under the Act has been committed by a department of government or any authority referred to in clause (b) of sub-section (1) 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 officer, other than the head of the department, or in the case of an authority, any person other than the persons referred to in clause (b) of sub-section (1), such 1. Ins. by Act 15 of 2023, s. 5 (w.e.f. 1-12-2023). 2. Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010). 3. Ins. by Act 69 of 1988, s. 3. (w.e.f. 15-3-1989). 4 ----- officer or persons shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.] 1[3C. Power of Central Government to issue directions.—The Central Government may, # from time to time, issue such directions, to any authority under the Central Government, State Government or Union territory Administration, or to any organisation, entity or body recognised by the Central Government, State Government or Union territory Administration, as may be necessary for the implementation of this Act.] **4. 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 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. **5. Repeal and saving.—(1) The Forest (Conservation) Ordinance, 1980 (17 of 1980) is hereby** repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. 1. Ins. by Act 15 of 2023, s. 6 (w.e.f. 1-12-2023). 5 -----

29-Mar-1981

14

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

https://www.indiacode.nic.in/bitstream/123456789/1389/4/a1981-14%20.pdf

central

# THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II CENTRAL AND STATE BOARDSFOR THE PREVENTION AND CONTROLOF AIR POLLUTION 3. Central Pollution Control Board. 4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act. 5. Constitution of State Boards. 6. Central Board to exercise the powers and perform the functions of a State Board in the Union territories. 7. Terms and conditions of service of members. 8. Disqualifications. 9. Vacation of seatsby members. 10. Meetings of Board. 11. Constitution of committees. 12. Temporary association of persons with Board for particular purpose. 13. Vacancy in Board not to invalidate acts or proceedings. 14. Member-secretary and officers and other employees of State Boards. 15. Delegation of powers. CHAPTER III POWERS AND FUNCTIONS OF BOARDS 16. Functions of Central Board. 17. Functions of State Boards. 18. Power to give directions. CHAPTER IV PREVENTION AND CONTROL OF AIR POLLUTION 19. Power to declare air pollution control areas. 20. Power to give instructions for ensuring standards for emission from automobiles. 21. Restrictions on use of certain industrial plants. 21A. Power to issue guidelines 22. Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard laid down by State Board. 22A. Power of Board to make application to court for restraining persons from causing air pollution. 1 ----- SECTIONS 23. Furnishing of information to State Board and other agencies in certain cases. 24. Power of entry and inspection. 25. Power to obtain information. 26. Power to take samples of air or emission and procedure to be followed in connection therewith. 27. Reports of the result of analysis on samples taken under section 26. 28. State Air Laboratory. 29. Analysis. 30. Reports of analysis. 31. Appeals. 31A. Power to give directions. 31B. Appeal to National Green Tribunal. CHAPTER V FUND, ACCOUNTS AND AUDIT 32. Contribution by Central Government. 33. Fund of Board. 33A. Borrowing powers of Board. 34. Budget. 35. Annual report. 36. Accounts and audit. CHAPTER VI PENALTIES AND PROCEDURE 37. Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A. 38. Penalties for certain acts. 38A. Penalty for contravention by Government Department. 39. Penalty for contravention of certain provisions of this Act. 39A. Adjudicating officer. 39B. Appeal. 39C. Penalty amount to be credited to Environmental Protection Fund. 39D. Offences for failure to comply with provisions of section 21 and for failure to pay penalty. 42. Protection of action taken in good faith. 43. Cognizance of offences. 44. Members, officers and employees of Board to be public servants. 45. Reports and returns. 46. Bar of jurisdiction. CHAPTER VII MISCELLANEOUS 47. Power of State Government to supersede State Board. 48. Special provision in the case of supersession of the Central Board or the State Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974. 2 ----- SECTIONS 49. Dissolution of State Boards constituted under the Act. 50. [Omitted.]. 51. Maintenance of register. 52. Effect of other laws. 53. Power of Central Government to make rules. 54. Power of State Government to make rules. THE SCHEDULE [Omitted.]. 3 ----- # THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 # ACT NO. 14 OF 1981 [29th March, 1981.] # An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution; AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate to the preservation of the quality of air and control of air pollution; BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Air (Prevention and** Control of Pollution) Act, 1981. (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) “air pollutant” means any solid, liquid or gaseous substance [2][(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment; (b) “air pollution” means the presence in the atmosphere of any air pollutant; (c) “approved appliance” means any equipment or gadget used for the bringing of any combustible material or for generating or consuming any fume, gas of particulate matter and approved by the State Board for the purposes of this Act; (d) “approved fuel” means any fuel approved by the State Board for the purposes of this Act; (e) “automobile” means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel; (f) “Board” means the Central Board or a State Board; (g) “Central Board” means the [3][Central Pollution Control Board] constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (h) “chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted; (i) “control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant; 1.16th May, 1981, vide notification No. G.S.R. 351(E), dated 15th May, 1981, see Gazette of India, Extraordinary, Part II, sec. 3 (i). 2. Ins. by Act 47 of 1987, s. 2 (w.e.f. 1-4-1988). 3. Subs. by s. 2, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 4 ----- (j) “emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet; (k) “industrial plant” means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere; (l) “member” means a member of the Central Board or a State Board, as the case may be, and includes the Chairman thereof; 1[(m) “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;] (n) “prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government; (o) “State Board” means,— (i) in relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a [2][State Pollution Control Board] under section 4 of that Act, the said State Board; and (ii) in relation to any other State, the State Board for the Prevention and Control of Air Pollution constituted by the State Government under section 5 of this Act. CHAPTER II CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION 3[3. Central Pollution Control Board.—The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the Central Pollution Control Board for the prevention and control of air pollution under this Act. **4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards** **under this Act.—In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of** 1974), is in force and the State Government has constituted for that State a State Pollution Control Board under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act, and accordingly that State Pollution Control Board shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and control of air pollution under this Act.] **5.Constitution of State Boards.—(1) In any State in which the Water (Prevention and Control of** Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a [4][State Pollution Control Board] under that Act, the State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution 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 constituted under this Act shall consist of the following members, namely:— (a) a Chairman, being a person, having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government: Provided that the Chairman may be either whole-time or part-time as the State Government may think fit; 1. Subs. by Act 47 of 1987, s. 2, for clause (m) (w.e.f. 1-4-1988). 2. Subs. by s. 2, ibid., for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 3. Subs. by s. 3, ibid., for sections 3 and 4 (w.e.f. 1-4-1988). 4. Subs. by s. 4, ibid., for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 5 ----- (b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government; (c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d) such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that 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[(f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Government:] Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. (3) Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued. **6. Central Board to exercise the powers and perform the functions of a State Board in the** **Union territories.—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 under this Act 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 section to such person or body of persons as the Central Government may specify. **7. Terms and conditions of service of members.—(1) Save as otherwise provided by or under this** Act, a member of a State Board constituted under this Act, other than the member-secretary, shall hold office for a term of three years from the date on which his nomination is notified in the Official Gazette: Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The terms of office of a member of a State Board constituted under this Act and nominated under clause (b) or clause (e) of sub-section (2) of section 5 shall come to an end as soon as he ceases to hold the office under the State Government or, as the case may be, the company or corporation owned, controlled or managed by the State Government, by virtue of which he was nominated. (3) A member of a State Board constituted under this Act, 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 State Government; and (b) in any other case, to the Chairman of the State Board, and the seat of the Chairman or such other member shall thereupon become vacant. (4) A member of a State Board constituted under this Act, 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 State Board, from three consecutive meetings of the State Board or where he is nominated under clause (c) of sub-section (2) of section 5, he ceases to be a member of the local authority and such vacation of seat 1. Subs. by Act 47 of 1987, s. 4, for clause (f) (w.e.f. 1-4-1988). 6 ----- shall, in either case, take effect from such date as the State Government may, by notification in the Official Gazette, specify. (5) A casual vacancy in a State Board constituted under this Act 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 whose place he takes was nominated. (6) A member of a State Board constituted under this Act shall be eligible for re-nomination [1]*** (7) The other terms and conditions of service of the Chairman and other members (except the member-secretary) of a State Board constituted under this Act shall be such as may be prescribed. **8. Disqualifications.—(1) No person shall be a member of a State Board constituted under this Act,** who— (a) is, or at any time has been, adjudged insolvent, or (b) is of unsound mind and has been so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion 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 on by any partner, any share or interest in any Firm or company carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment or any other apparatus for the improvement of the quality of air or for the prevention, control or abatement of air pollution, 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 programmes for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or (g) has so abused, in the opinion of the State Government, his position as a member, as to render his continuance on the State Board detrimental to the interest of the general public. (2) The State Government shall, by order in writing, remove any member who is, or has become, subject to any disqualification mentioned in sub-section (1). Provided that no order of removal shall be made by the State Government 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-section (1) or sub-section (6) of section 7, a member who has been removed under this section shall not be eligible to continue to hold office until his successor enters upon his office, or, as the case may be, for re-nomination as a member. **9. Vacation of seats by members.—If a member of a State Board constituted under this Act becomes** subject to any of the disqualifications specified in section 8, his seat shall become vacant. **10. Meetings of Board.—(1) For the purposes of this Act, 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. (2) Copies of minutes of the meetings under sub-section (1) shall be forwarded to the Central Board and to the State Government concerned. 1. The words “but not for more than two terms” omitted by Act 47 of 1987, s. 5 (w.e.f. 1-4-1988). 7 ----- **11.Constitution of committees.—(1) A Board may constitute as many committees consisting wholly** of members 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. **12. Temporary association of persons with Board for particular purpose.—(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. (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 of the Board for any other purpose. (3) A person associated with a Board under sub-section (1) shall be entitled to receive such fees and allowances as may be prescribed. **13. 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. **14. Member-secretary and officers and other employees of State Boards.—(1) The terms and** conditions of service of the member-secretary of a State Board constituted under this Act shall be such as may be prescribed. 1[(2) The member-secretary of a State Board, whether constituted under this Act or not, 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 State Board or its Chairman.] (3) subject to such rules as may be made by the State Government in this behalf, a State Board, whether constituted under this Act or not, may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this Act. (4) The method of appointment, the conditions of service and the scales of pay of the officers (other than the member-secretary) and other employees of a State Board appointed under sub-section (3) shall be such as may be determined by regulations made by the State Board under this Act. (5) Subject to such conditions as may be prescribed, a State Board constituted under this Act may from time to time appoint any qualified person to be a consultant to the Board and pay him such salary and allowances or fees, as it thinks fit. **15. Delegation of powers.—A State Board may, by general or special order, delegate to the** Chairman or the member-secretary or any other officer of the Board subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary. CHAPTER III POWERS AND FUNCTIONS OF BOARDS **16. Functions of Central Board.—(1) Subject to the provisions of this Act, and without prejudice to** the performance, of its functions under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country. 1. Subs. by Act 47 of 1987, s. 6, for sub-section (2) (w.e.f. 1-4-1988). 8 ----- (2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may— (a) advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution; (b) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution; (c) co-ordinate the activities of the State and resolve disputes among them; (d) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution; 1[(dd) perform such of the functions of any State Board as may be specified in and order made under sub-section (2) of section 18;] (e) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify; (f) organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution; (g) collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution; (h) lay down standards for the quality of air; (i) collect and disseminate information in respect of matters relating to air pollution; (j) perform such other functions as may be prescribed. (3) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently. (4) The Central Board may— (a) delegate any of its functions under this Act generally or specially to any of the committees appointed by it; (b) do such other things and perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act. **17. Functions of State Boards.—(1) Subject to the provisions of this Act, and without prejudice to** the performance of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State Board shall be— (a) to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof; (b) to advise the State Government on any matter concerning the prevention, control or abatement of air pollution; (c) to collect and disseminate information relating to air pollution; (d) 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 air pollution and to organise mass-education programme relating thereto; 1. Ins. by Act 47 of 1987, s. 7 (w.e.f. 1-4-1988). 9 ----- (e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution; (f) to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas; (g) to lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft: Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants; (h) to advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution; (i) 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; (j) to do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act. (2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its functions under this section efficiently. **18. Power 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: 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. 2[(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. (3) 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. (4) 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.] 1. Section 18 renumbered as sub-section (1) thereof by Act 47 of 1987, s. 8 (w.e.f. 1-4-1988). 2. Ins. by s. 8, ibid. (w.e.f. 1-4-1988). 10 ----- CHAPTER IV PREVENTION AND CONTROL OF AIR POLLUTION **19. Power to declare air pollution control areas.—(1) The State Government may, after** consultation with the State Board, by notification in the Official Gazette declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of this Act. (2) The State Government may, after consultation with the State Board, by notification in the Official Gazette,— (a) alter any air pollution control area whether by way of extension or reduction; (b) declare a new air pollution control area in which may be merged one or more existing air pollution control areas or any part or parts thereof. (3) If the State Government, after consultation with the State Board, is of opinion that the use of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel in such area or part thereof with effect from such date (being not less than three months from the date of publication of the notification) as may be specified in the notification. (4) The State Government may, after consultation with the State Board, by notification in the Official Gazette, direct that with effect from such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area: Provided that different dates may be specified for different parts of an air pollution control area or for the use of different appliances. (5) If the State Government, after consultation with the State Board, is of opinion that the burning of any material (not being fuel) in any air pollution control area or part thereof may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in such area or part thereof. **20. Power to give instructions for ensuring standards for emission from automobiles.—With a** view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause (g) of sub-section (1) of section 17 are complied with, the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (4 of 1939), and such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such instructions. **21. Restrictions on use of certain industrial plants.—[1][(1) No person shall establish or operate any** industrial plant in an air pollution control area unless the previous consent of the State Board has been obtained in pursuance of an application made by such person in accordance with the provisions of this section: Provided that the Central Government may in consultation with the Central Pollution Control Board, by notification in the Official Gazette, exempt certain categories of industrial plants from the application of the provisions of this sub-section.] (2) An application for consent of the State Board under sub-section (1) shall be accompanied by such fees as may be prescribed and shall be made in the prescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed: Provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant, [2]*** such person shall make the application under this sub-section within such period (being not less than three months from the date of such declaration) as 1. Subs. by Act 18 of 2023, s. 2 and Schedule for sub-section (1), (w.e.f. 1-4-2024). 2. The words “for the purpose of any industry specified in the Schedule” omitted by Act 47 of 1987, s. 9, (w.e.f. 1-4-1988). 11 ----- may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the State Board until the consent applied for has been refused. (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. (4) Within a period of four months after the receipt of the application for consent referred to in sub-section (1), the State Board shall, by order in writing, [1][and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent]: 2[Provided that it shall be open to the State Board to cancel such consent before the expiry of the period for which it is granted or refuse further consent after such expiry if the conditions subject to which such consent has been granted are not fulfilled: Provided further that before cancelling a consent or refusing a further consent under the first provision, a reasonable opportunity of being heard shall be given to the person concerned.] (5) Every person to whom consent has been granted by the State Board under sub-section (4), shall comply with the following conditions, namely:— (i) the control equipment of such specifications as the State Board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on; (ii) the existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board; (iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good running condition; (iv) chimney, wherever necessary, of such specifications as the State Board may approve in this behalf shall be erected or re-erected in such premises; and (v) such other conditions as the State Board, may specify in this behalf; and (vi) the conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such period as the State Board may specify in this behalf: Provided that in the case of a person operating any industrial plant [3]*** in an air pollution control area immediately before the date of declaration of such area as an air pollution control area, the period so specified shall not be less than six months: Provided further that— (a) after the installation of any control equipment in accordance with the specifications under clause (i), or (b) after the alteration or replacement of any control equipment in accordance with the directions of the State Board under clause (ii), or (c) after the erection or re-erection of any chimney under clause (iv), no control equipment or chimney shall be altered or replaced or, as the case may be, erected or re-erected except with the previous approval of the State Board. (6) If due to any technological improvement or otherwise the State Board is of opinion that all or any of the conditions referred to in sub-section (5) require or requires variation (including the change of any control equipment, either in whole or in part), the State Board shall, after giving the person to whom 1. Subs. by Act 47 of 1987, s. 9, for certain words (w.e.f. 1-4-1988). 2. Ins. by s. 9, ibid. (w.e.f. 1-4-1988). 3. The words “for the purpose of any industry specified in the Schedule” omitted by s. 9, ibid. (w.e.f. 1-4-1988). 12 ----- consent has been granted an opportunity of being heard, vary all or any of such conditions and thereupon such person shall be bound to comply with the conditions as so varied. (7) Where a person to whom consent has been granted by the State Board under sub-section (4) transfers his interest in the industry to any other person, such consent shall be deemed to have been granted to such other person and he shall be bound to comply with all the conditions subject to which it was granted as if the consent was granted to him originally. 1[21A. Power to issue guidelines.—(1) Notwithstanding anything contained 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 to establish or operate any industrial plant in an air pollution control area, including the mechanism for time bound disposal of the application made under section 21 or validity period of such consent. (2) Every State Board, in discharge of its functions for the purposes of grant, refusal or cancellation of consent under section 21 shall act in accordance with the guidelines issued under sub-section (1).] **22. Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the** **standard laid down by State Board.—No person [2]**** operating any industrial plant, in any air** pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17. 3[22A. Power of Board to make application to court for restraining person from causing air **pollution.—(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the** standards laid down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, 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 such person from emitting such air pollutant. (2) On receipt of the 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 discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order,— (a) direct such person to desist from taking such action as is likely to cause emission; (b) authorise the Board, if the direction under clause (a) is not complied with by the person to whom such direction is issued, to implement the direction in such manner as may be specified by the court. (4) All expenses incurred by the Board in implementing the directions of the court under clause (b) of sub-section (3) shall be recoverable from the person concerned as arrears of land revenue or of public demand.] **23. Furnishing of information to State Board and other agencies in certain cases.—(1) Where in** any [4]*** area the emission of any air pollutant into the atmosphere in excess of the standards laid down by the State Board occurs or is apprehended to occur due to accident or other unforeseen act or event, the person in charge of the premises from where such emission occurs or is apprehended to occur shall forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the State Board and to such authorities or agencies as may be prescribed. (2) On receipt of information with respect to the fact or the apprehension of any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the State Board and the authorities or agencies shall, as early as practicable, cause such remedial measure to be taken as are necessary to mitigate the emission of such air pollutants. 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 2. The words “carrying on any industry specified in the Schedule or” omitted by Act 47 of 1987, s. 10 (w.e.f. 1-4-1988). 3. Ins. by s. 11, ibid. (w.e.f. 1-4-1988). 4. The words “air pollution control” omitted by s. 12, ibid. (w.e.f. 1-4-1988). 13 ----- (3) Expenses, if any, incurred by the State Board, authority or agency with respect to the remedial measures referred to in sub-section (2) together with interest (at such reasonable 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, authority or agency from the person concerned, as arrears of land revenue, or of public demand. **24. 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 to enter, at all reasonable times with such assistance as he considers necessary, any place— (a) for the purpose of performing any of the functions of the State 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 or 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 and testing any control equipment, industrial 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 control equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder. (2) Every person [1]*** operating any control equipment or any industrial plant, in an air pollution control area shall be bound to render all assistance to the person empowered by the State Board under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act. (3) If any person willfully delays or obstructs any person empowered by the State Board under sub-section (1) in the discharge of his duties, he shall be guilty of an offence under this Act. (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of Jammu and Kashmir*, or any area, in which that Code is not in force, the provisions of any corresponding law in force in that State or area, 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 or, as the case may be, under the corresponding provisions of the said law. **25. Power to obtain information.—For the purposes of carrying out the functions entrusted to it, the** State Board or any officer empowered by it in that behalf may call for any information (including information regarding the types of air pollutants emitted into the atmosphere and the level of the emission of such air pollutants) from the occupier or any other person carrying on any industry or operating any control equipment or industrial plant and for the purpose of verifying the correctness of such information, the State Board or such officer shall have the right to inspect the premises where such industry, control equipment or industrial plant is being carried on or operated. **26. Power to take samples of air or emission 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 air or emission from any chimney, flue or duct or any other outlet in such manner as may be prescribed. (2) The result of any analysis of a sample of emission taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with. (3) Subject to the provisions of sub-section (4), when a sample of emission is taken for analysis under sub-section (1), the person taking the sample shall— 1. The words “carrying on any industry specified in the Schedule and every person” omitted by Act 47 of 1987, s. 13 (w.e.f. 1-4-1988). *. 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. 14 ----- (a) serve on the occupier or his agent, 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, collect a sample of emission for analysis; (c) cause the sample to be placed in a container or containers 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, without delay, the container or containers to the laboratory established or recognised by the State Board under section 17 or, if a request in that behalf is made by the occupier or his agent when the notice is served on him under clause (a), to the laboratory established or specified under sub-section (1) of section 28. (4) When a sample of emission 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), then,— (a) in a case where the occupier or his agent wilfully absents himself, the person taking the sample shall collect the sample of emission for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or his agent is present at the time of taking the sample but refuses to sign the marked and sealed container or containers of the sample of emission as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the sample, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or specified under sub-section (1) of section 28 and such person shall inform the Government analyst appointed under sub-section (1) of section 29, in writing, about the wilful absence of the occupier or his agent, or, as the case may be, his refusal to sign the container or containers. **27. Reports of the result of analysis on samples taken under section 26.—(1) Where a sample of** emission has been sent for analysis to the laboratory established or recognised by the State Board, the Board analyst appointed under sub-section (2) of section 29 shall analyse the sample and submit a report in the prescribed form of such analysis in triplicate to the State Board. (2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the State Board to the occupier or his agent referred to in section 26, 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 State Board. (3) Where a sample has been sent for analysis under clause of sub-section (3) or sub-section (4) of section 26 to any laboratory mentioned therein, the Government analyst referred to in the said sub-section (4) shall analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the State Board which shall comply with the provisions of sub-section (2). (4) Any cost incurred in getting any sample analysed at the request of the occupier or his agent as provided in clause (d) of sub-section (3) of section 26 or when he wilfully absents himself or refuses to sign the marked and sealed container or containers of sample of emission under sub-section (4) of that section, 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. **28. State Air Laboratory.—(1) The State Government may, by notification in the Official** Gazette,— (a) establish one or more State Air Laboratories; or (b) specify one or more laboratories or institutes as State Air Laboratories to carry out the functions entrusted to the State Air Laboratory under this Act. (2) The State Government may, after consultation with the State Board, make rules prescribing— (a) the functions of the State Air Laboratory; 15 ----- (b) the procedure for the submission to the said Laboratory of samples of air or emission 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. **29. Analysts.—(1) 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 air or emission sent for analysis to any laboratory established or specified under sub-section (1) of section 28. (2) Without prejudice to the provisions of section 14, the State Board may, by notification in the Official Gazette, and with the approval of the State Government, appoint such persons as it thinks fit and having the prescribed qualifications to be Board analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory established or recognised under section 17. **30. Reports of analysts.—Any document purporting to be a report signed by a Government analyst** or, as the case may be, a State Board analyst may be used as evidence of the facts stated therein in any proceeding under this Act. **31. Appeals.—(1) Any person aggrieved by an order made by the State Board under this Act may,** within thirty day 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. (2) The Appellate Authority shall consist of a single person or three persons as the State Government may think fit to be appointed by the State Government. (3) The form and the 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. **1[31A. 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.] 2[31B. Appeal to National Green Tribunal.—Any person aggrieved by an order or decision of the Appellate Authority under section 31, made 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.] 1. Ins. by Act 47 of 1987, s. 14 (w.e.f. 1-4-1988). 2. Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010). 16 ----- CHAPTER V FUND, ACCOUNTS AND AUDIT **32. 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 State Boards as it may think necessary to enable the State Boards to perform their functions under this Act: Provided that nothing in this section shall apply to any [1][State Pollution Control Board] constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution. **33. Fund of Board.—(1) Every State Board shall have its own fund for the purposes of this Act and** all sums which may, from time to time, be paid to it by the Central Government and all other receipts (by way of contributions, if any, from the State Government, fees, gifts, grants, donations benefactions 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) Every State Board may expend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund of that Board. (3) Nothing in this section shall apply to any [1][State Pollution Control Board] constituted under section 4 of the Water(Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution. 2[33A. 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 discharging all or any of its functions under this Act.] **34. 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 under this Act, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government. 3[35. 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 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 of 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.] **36. Accounts and audit.—(1) Every Board shall, in relation to its functions under this Act, 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). 1. Subs. by Act 47 of 1987, s. 15, for “State Board for the Prevention and Control of water Pollution” (w.e.f. 1-4-1988). 2. Ins. by s. 16, ibid. (w.e.f. 1-4-1988). 3. Subs. by s. 17, ibid., for section 35 (w.e.f. 1-4-1988). 17 ----- (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 VI PENALTIES AND PROCEDURE 1[37. Failure to comply with provisions of section 22 or directions issued under section 31A.— (1) Whoever contravenes or does not comply with the provisions of section 22 or directions issued under section 31A, shall, in respect of each such contravention, be liable to penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees. (2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues. **38. Penalties 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; (b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act; (c) damages any works or property belonging to the Board; (d) fails to furnish to the Board or any officer or other employee of the Board any information required by the Board or such officer or other employee for the purposes of this Act; (e) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribed authorities or agencies as required under sub-section (1) of section 23; (f) fails in giving any information which he is required to give under this Act, makes a statement which is false in any material particular, shall be liable to penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees. (2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues. **38A. 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 the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary: Provided that he 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. 1. Subs. by Act 18 of 2023, s. 2 and Schedule for sections 37 to 41, (w.e.f. 1-4-2024), earlier subs. by Act 47 of 1987, s. 18, for section 37 (w.e.f. 1-4-1988). 18 ----- (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, the officer shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention. **39. Penalties for contravention of certain provisions of this 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 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 additional penalty which may extend to ten thousand rupees for every day during which such contravention continues. **39A. Adjudicating officer.—(1) The Central Government, for the purposes of determining the** penalties under sections 37, 38, 38A and section 39, 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 sections 37, 38, 38A or 39, as the case may be: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. (3) The amount of penalty imposed under the provisions of sections 37, 38, 38A and 39, 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). **39B. Appeal.—(1) Whoever aggrieved by the order passed by the adjudicating officer under sections** 37, 38, 38A or 39, 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 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), it shall not be entertained by the Tribunal unless the person has deposited with the Tribunal ten per cent. of the amount of the penalty imposed by the adjudicating officer. **39C. Penalty amount to be credited to Environmental Protection Fund.—Where an adjudicating** officer imposes penalty or additional penalty, as the case may be, under sections 37, 38, 38A or 39, 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). **39D. Offences for failure to comply with provisions of section 21 and for failure to pay** **penalty.—(1) Whoever fails to comply with the provisions of section 21, shall, in respect of each such** failure, 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. 19 ----- (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 contained 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 contained 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.] **42. 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 or any member or any officer or other employee of the Board in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder. 1[43. Cognizance of offences.—(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 2[(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. (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.] **44. Members, officers and employees of Board to be public servants.—All the members and all** officers and other employees of a Board when acting or purporting to act in pursuance of any of the 1. Subs. by Act 47 of 1987, s. 21, for section 43 (w.e.f. 1-4-1988). 2. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 20 ----- provisions of this Act or 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). **45. Reports and returns.—The Central Board shall, in relation to its functions under this Act,** furnish to the Central Government, and a State Board shall, in relation to its functions under this Act, furnish to the State Government and to the Central Board such reports, returns, statistics, accounts and other information as that Government, or, as the case may be, the Central Board may, from time to time, require. **46. 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. CHAPTER VII MISCELLANEOUS **47. Power of State Government to supersede State Board.—(1) If at any time the State** Government is of opinion— (a) that a State Board constituted under this Act 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 six months, 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,— (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 State Board shall, until the State Board is reconstituted under sub-section (3), be exercised, performed or discharged by such person or persons as the State Government may direct; (c) all property owned or controlled by the State Board shall, until the Board is reconstituted under sub-section (3), vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may— (a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or (b) reconstitute the State Board by a 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 also be eligible for nomination or appointment: Provided that the State 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. **48. Special provision in the case of supersession of the Central Board or the State Boards** **constituted under the Water (Prevention and Control of Pollution) Act, 1974.—Where the Central** Board or any State Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), is superseded by the Central Government or the State Government, as the case may be, under that Act, all the powers, functions and duties of the Central Board or such State Board under this Act shall be exercised, performed or discharged during the period of such supersession by the person or 21 ----- persons, exercising, preforming or discharging the powers, functions and duties of the Central Board or such State Board under the Water (Prevention and Control of Pollution) Act, 1974, during such period. **49. Dissolution of State Boards constituted under the Act.—(1) As and when the Water** (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), comes into force in any State and the State Government constitutes [1][State Pollution Control Board] under that Act, the State Board constituted by the State Government under this Act shall stand dissolved and the Board first-mentioned shall exercise the powers and perform the functions of the Board second-mentioned in that State. (2) On the dissolution of the State Board constituted under this Act,— (a) all the members shall vacate their offices as such; (b) all moneys and other property of whatever kind (including the fund of the State Board) owned by, or vested in, the State Board, immediately before such dissolution, shall stand transferred to and vest in the [1][State Pollution Control Board]; (c) every officer and other employee serving under the State Board immediately before such dissolution shall be transferred to and become an officer or other employee of the [1][State Pollution Control Board] and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the State Board constituted under this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the [1][State Pollution Control Board]: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the State Government; (d) all liabilities and obligations of the State Board of whatever kind, immediately before such dissolution, shall be deemed to be the liabilities or obligations, as the case may be, of the [1][State Pollution Control Board] and any proceeding or cause of action, pending or existing immediately before such dissolution by or against the State Board constituted under this Act in relation to such liability or obligation may be continued and enforced by or against the [1][State Pollution Control Board.] **50. [Power to amend the Schedule.]—Omitted by the Air** (Prevention and Control of Pollution) _Amendment Act, 1987_ (47 of 1987), s. 22 (w.e.f. 1-4-1988). **51. Maintenance of register.—(1) Every State Board shall maintain a register containing particulars** of the persons to whom consent has been granted under section 21, the standards for emission laid down by it in relation to each such consent and such other particulars as may be prescribed. (2) The register maintained under sub-section (1) shall be open to inspection at all reasonable hours by any person interested in or affected by such standards for emission or by any other person authorised by such person in this behalf. **52. Effect of other laws.—Save as otherwise provided by or under the Atomic Energy Act, 1962** (33 of 1962), in relation to radioactive air pollution the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. **53. Power of Central Government to make rules.—(1) The Central Government may, in** consultation with the Central Board, by notification in the Official Gazette, make rules in respect of the following matters, namely:— (a) the intervals and the time and place at which meetings of the Central Board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 and under sub-section (2) of section 11; 1. Subs. by Act 47 of 1987, s. 15, for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 22 ----- (b) the fees and allowances to be paid to the members of a committee of the Central Board, not being members of the Board, under sub-section (3) of section 11; (c) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 12; (d) the fees and allowance to be paid under sub-section (3) of section 12 to persons associated with the Central Board under sub-section (1) of section 12; (e) the functions to be performed by the Central Board under clause (j) of sub-section (2) of section 16; 1[(f) 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 34; (ff) the form in which the annual report of die Central Board may be prepared under section 35;] (g) the form in which the accounts of the Central Board may be maintained under sub-section (1) of section 36. 2[(h) the manner of holding inquiry and imposing penalties by the adjudicating officer under sub-section (1) of section 39A.] (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. **54. Power of State Government to make rules.—(1) Subject to the provisions of sub-section (3),** the State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act in respect of matter not falling within the purview of section 53. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely— 3[(a) the qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control required for appointment as member-secretary of a State Board constituted under the Act;] 4[(aa)] the terms and conditions of service of the Chairman and other members (other than the member-secretary) of the State Board constituted under this Act under sub-section (7) of section 7; (b) the intervals and the time and place at which meetings of the State Board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 and under sub-section (2) of section 11; (c) the fees and allowances to be paid to the members of a committee of the State Board, not being members of the Board under sub-section (3) of section 11; (d) the manner in which and the purpose for which persons may be associated with the State Board under sub-section (1) of section 12; 1. Subs. by Act 47 of 1987, s. 23, for clause (f) (w.e.f. 1-4-1988). 2. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 3. Ins. by Act 47 of 1987, s. 24, (w.e.f. 1-4-1988). 4. Clause (a) renumbered as clause (aa) thereof by s. 24, ibid. (w.e.f. 1-4-1988). 23 ----- (e) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated with the State Board under sub-section (1) of section 12; (f) the terms and conditions of service of the member-secretary of a State Board constituted under this Act under sub-section (1) of section 14; (g) the powers and duties to be exercised and discharged by the member-secretary of a State Board under sub-section (2) of section 14; (h) the conditions subject to which a State Board may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under sub-section (3) of section 14; (i) the conditions subject to which a State Board may appoint a consultant under sub-section (5) of section 14; (j) the functions to be performed by the State Board under clause (i) of sub-section (1) of section 17; (k) the manner in which any area or areas may be declared as air pollution control area or areas under sub-section (1) of section 19; (l) the form of application for the consent of the State Board, the fees payable therefore the period within which such application shall be made and the particulars it may contain, under sub-section (2) of section 21; (m) the procedure to be followed in respect of an inquiry under sub-section (3) of section 21; (n) the authorities or agencies to whom information under sub-section (1) of section 23 shall be furnished; (o) the manner in which samples of air or emission may be taken under sub-section (1) of section 26; (p) the form of the notice referred to in sub-section (3) of section 26; (q) the form of the report of the State Board analyst under sub-section (1) of section 27; (r) the form of the report of the Government analyst under sub-section (3) of section 27; (s) the functions of the State Air Laboratory, the procedure for the submission to the said Laboratory of samples of air or emission for analysis or tests, the form of Laboratory’s report thereon, the fees payable in respect of such report and other matters as may be necessary or expedient to enable that Laboratory to carry out its functions, under sub-section (2) of section 28; (t) the qualifications required for Government analysts under sub-section (1) of section 29; (u) the qualification required for State Board analysts under sub-section (2) of section 29; (v) the form and the manner in which appeals may be preferred, 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 31; 1[(w) 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 34; (ww) the form in which the annual report of the State Board may be prepared under section 35;] (x) the form in which the accounts of the State Board may be maintained under the sub-section (1) of section 36; 2[(xx) the manner in which notice of intention to make a complaint shall be given under section 43;] 1. Subs. by Act 47 of 1987, s. 24, for clause (w) (w.e.f. 1-4-1988). 2. Ins. by s. 24, ibid. (w.e.f. 1-4-1988). 24 ----- (y) the particulars which the register maintained under section 51 may contain; (z) any other matter which has to be, or may be, prescribed. (3) After the first constitution of the State Board, no rule with respect to any of the matters referred to in sub-section (2) [other than those referred to [1][in clause (aa)] thereof], shall be made, varied, amended or repealed without consulting that Board. [The Schedule.].—Omitted by the Air (Prevention and Control of Pollution)Amendment Act, 1987 _(47 of 1987), s. 25(w.e.f. 1-4-1988)._ 1. Subs. by Act 47 of 1987, s. 24, for “in clause (a)” (w.e.f. 1-4-1988). 25 -----

9-Sep-1981

26

The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/1783/1/A1981-26.pdf

central

# THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN AND DIU) ACT, 1981 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu. 4. Jurisdiction of Bombay High Court. 5. Chapter VI of Part VI of the Constitution to apply to the Bombay High Court exercising jurisdiction over the Union territory of Goa, Daman and Diu. 6. Special provisions relating to advocates. 7. Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay High Court. 8. Right to appear or act in proceedings transferred to the Bombay High Court. 9. Establishment of a permanent bench of Bombay High Court at Panaji. 10. Allocation of expenditure of the Bombay High Court. 11. Rule of construction. 12. [Repealed.] 13. Power to remove difficulties. 14. Power to adapt laws. ----- # THE HIGH COURT AT BOMBAY (EXTENSION OF JURISDICTION TO GOA, DAMAN AND DIU) ACT, 1981 ACT NO. 26 OF 1981 [9th September, 1981.] # An Act to provide for the extension of the jurisdiction of the High Court at Bombay to the Union territory of Goa, Daman and Diu, for the establishment of a permanent bench of that High Court at Panaji and for matters connected therewith. BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the High Court at Bombay** (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981. (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) “Court of the Judicial Commissioner” means the Court of the Judicial Commissioner for Goa, Daman and Diu. **3. Extension of jurisdiction of Bombay High Court to Goa, Daman and Diu.—(1) On and from** the appointed day, the jurisdiction of the High Court at Bombay shall extend to the Union territory of Goa, Daman and Diu. (2) On and from the appointed day, the Court of the Judicial Commissioner shall cease to function and is hereby abolished: Provided that nothing in this sub-section shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the Court of the Judicial Commissioner, abolished by this sub-section, under the powers then conferred upon that Court. **4. Jurisdiction of Bombay High Court.—On and from the appointed day, the High Court at** Bombay shall have, in respect of the territories included in the Union territory of Goa, Daman and Diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of the said territories by the Court of the Judicial Commissioner. **5. Chapter VI of Part VI of the Constitution to apply to the Bombay High Court exercising** **jurisdiction over the Union territory of Goa, Daman and Diu.—The provisions of Chapter VI of Part** VI of the Constitution shall apply to the High Court at Bombay in relation to the exercise of its jurisdiction to the Union territory of Goa, Daman and Diu, subject to the following exceptions and modifications, namely:— (a) the references in the said Chapter to “State” except where it occurs in the expression “Governor of the State” shall be construed as references to the Union territory of Goa, Daman and Diu; (b) in clause (1) of article 233 and in article 234, the references to the Governor of the State, and in article 237, the reference to the Governor, shall be construed as references to the Administrator of the Union territory of Goa, Daman and Diu; (c) the provisions of article 233A shall not apply; 1. 30th October, 1982, vide notification No. G.S.R. 592(E), dated 8th October, 1982, see Gazette of India, Extraordinary, Part II, sec. 3(i). ----- (d) in article 234, the reference to the State Public Service Commission shall be construed as a reference to the Union Public Service Commission. **6. Special provisions relating to advocates.—Subject to any rule made or direction given by the** High Court at Bombay in this behalf, any person who, immediately before the appointed day, is an advocate entitled to practise in the Court of the Judicial Commissioner shall be entitled to practise as an advocate in the High Court at Bombay. **7. Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay** **High Court.—(1) All proceedings pending in the Court of the Judicial Commissioner immediately before** the appointed day shall stand transferred to the High Court at Bombay. (2) Every proceeding transferred under sub-section (1) shall be disposed of by the High Court at Bombay as if such proceeding were entertained by that High Court. (3) Any order made before the appointed day by the Court of the Judicial Commissioner shall, for all purposes, have effect not only as an order of that Court but also as an order of the High Court at Bombay. **8. Right to appear or act in proceedings transferred to the Bombay High Court.—Any person** who, immediately before the appointed day, is an advocate entitled to practise in the Court of the Judicial Commissioner and was authorised to appear or to act in any proceedings transferred from that Court under section 7, shall have the right to appear or to act, as the case may be, in the High Court at Bombay in relation to those proceedings. **9. Establishment of a permanent bench of Bombay High Court at Panaji.—On and from the** appointed day, there shall be established a permanent bench of the High Court at Bombay at Panaji and such Judges of the High Court at Bombay, being not less than two in number, as the Chief Justice of that High Court may, from time to time, nominate, shall sit at Panaji in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the Union territory of Goa, Daman and Diu: Provided that the Chief Justice of that High Court may, in his discretion order that any case or class of cases arising in such territory shall be heard at Bombay. **10. Allocation of expenditure of the Bombay High Court.—The expenditure in respect of the High** Court at Bombay, including the expenditure in respect of the salaries and allowances of the Judges, officers and servants of the High Court shall, as from the appointed day, be allocated between the State of Maharashtra and the Union in such proportion as the President may, by order, determine. **11. Rule of construction.—References in any law in force in the Union territory of Goa, Daman and** Diu to the Court of the Judicial Commissioner shall, on and from the appointed day, be construed in relation to that territory as references to the High Court at Bombay. **12. [Amendment of Goa, Daman and Diu Act 16 of 1965].—Rep. by the Repealing and Amending** _Act, 1988 (19 of 1988) s.2 and the First Schedule (w.e.f. 31-3-1988)._ **13. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order notified in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the appointed day. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, 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. ----- **14. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the** Union territory of Goa, Daman and Diu, the Central 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 to give effect to the provisions of this Act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. -----

11-Sep-1981

28

The Export-Import Bank of India Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/1782/1/198128.pdf

central

# THE EXPORT-IMPORT BANK OF INDIA ACT, 1981 __________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF THE EXPORT-IMPORT BANK OF INDIA AND INCORPORATION THEREOF 3. Establishment and incorporation of Export-Import Bank of India. 4. Authorised capital. CHAPTER III MANGAEMENT OF THE EXIM BANK 5. Management. 6. Constitution of Board. 7. Committees. 8. Fees and allowances of directors and members of Committees. 9. Disqualifications. CHAPTER IV BUSINESS OF THE EXIM BANK 10. Business of Exim Bank. CHAPTER V RESOURCES OF THE EXIM BANK 11. Loans by Central Government. 12. Borrowings and acceptance of deposits by Exim Bank. 13. Loans in foreign currency. 14. Grants, donations, etc., to Exim Bank. CHAPTER VI EXPORT DEVELOPMENT FUND 15. Export Development Fund. 16. Credits to Export Development Fund. 17. Utilisation of Export Development Fund. 18. Debits to Export Development Fund. 19. Accounts and audit of Export Development Fund. 20. Liquidation of Export Development Fund. CHAPTER VII GENERAL FUND, ACCOUNTS AND AUDIT 21. General Fund. 1 ----- SECTIONS 22. Preparation of accounts and balance-sheet. 23. Disposal of Profits accruing to General Fund. 24. Audit. 25. Saving. CHAPTER VIII TRANSFER OF PART OF BUSINESS OF DEVELOPMENT BANK 26. Transfer of part of business of Development Bank. CHAPTER IX MISCELLANEOUS 27. Staff of Exim Bank. 28. Delegation of powers. 29. Returns. 30. Obligation as to fidelity and secrecy. 31. Defects in appointments not to invalidate acts, etc. 32. Arrangement with Exim Bank on appointment of directors to prevail. 33. Indemnity of directors 34. Protection of action taken in good faith. 35. Act 18 of 1891 to apply in relation to Exim Bank. 36. Section 34A and section 36AD only of Act 10 of 1949 to apply to Exim Bank. 37. [Omitted.] 38. Liquidation of Exim Bank. 39. Power to make regulations. 40. [REPEALED.] 41. Power to remove difficulty. THE FIRST SCHEDULE. _THE SECOND SCHEDULE [REPEALED]._ 2 ----- # THE EXPORT-IMPORT BANK OF INDIA ACT, 1981 # ACT NO. 28 OF 1981 [11th September, 1981.] # An Act to establish a corporation to be known as the Export-Import Bank of India for providing financial assistance to exporters and importers, and for functioning as the principal financial institution for co-ordinating the working of institutions engaged in financing export and import of goods and services with a view to promoting the country’s international trade and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Export-Import Bank of** India Act, 1981. (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. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Board of Directors of the Exim Bank referred to in section 6; (b) “Development Bank” means the Industrial Development Bank of India established under the Industrial Development Bank of India Act, 1964 (18 of 1964); (c) “Exim Bank” means the Export-Import Bank of India established under section 3; (d) “export” and “import” mean, respectively, export from or import into India or any other country of goods or services, or both; (e) “goods” includes all materials, commodities and articles in a solid, liquid or gaseous state and all forms of energy; (f) “notification” means a notification published in the Official Gazette; (g) “prescribed” means prescribed by regulations made under this Act; (h) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934); (i) “scheduled bank” means a bank, for the time being, included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934); (j) “services” includes,— (I) providing personnel (including skilled or unskilled workmen and persons for rendering technical or other services) for the purposes of any work or project (by whatever name called) or any activity; (II) transferring of technology, including transferring, or securing the transfer of rights, knowhow, expertises or other skill with respect to any patent, invention, model, design, secret formula or process or similar property; 1. 1st January 1982, _vide notification No. S.O. 919(E), dated 29th December, 1981 (except section 26),_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). 1st March 1982, vide notification No. S.O. 91(E), dated 23rd February, 1982 (in respect of section 26), see Gazette of India, Extraordinary, Part II, sec. 3(ii) 3 ----- (III) furnishing any information, blueprints, plans, or advice with respect to any matter; and (IV) making available any other resources. CHAPTER II ESTABLISHMENT OF THE EXPORT-IMPORT BANK OF INDIA AND INCORPORATION THEREOF **3. Establishment and incorporation of Export-Import Bank of India.—(1) With effect from such** date as the Central Government may, by notification, appoint, there shall be established for the purposes of this Act a corporation to be known as the Export-Import Bank of India. (2) The Exim Bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name, sue or be sued. (3) The head office of the Exim Bank shall be at Bombay or at such other place as the Central Government may, by notification, specify. (4) The Exim Bank may establish offices, branches or agencies at such places in or outside India as it may consider necessary. **4. Authorised capital.—[1][(1) The authorised capital of the Exim Bank shall be ten thousand crores of** rupees: Provided that the Central Government may, by notification, increase the said capital up to an amount that it may deem necessary from time to time.] (2) The issued capital of the Exim Bank shall be wholly subscribed by the Central Government. CHAPTER III MANAGEMENT OF THE EXIM BANK **5. Management.—(1) The general superintendence, direction and management of the affairs and** business of the Exim Bank shall vest in the Board, which may exercise all powers and do all acts and things which may be exercised or done by the Exim Bank. (2) Save as otherwise provided in the regulations made under this Act— (a) the chairman, if he is a whole-time director or if he is holding offices both as the chairman and the managing director, or (b) the managing director, if the chairman is not a whole-time director, or, if the chairman being a whole-time director, is absent, shall also have powers of general superintendence, direction and management of the affairs and business of the Exim Bank and may also exercise all powers and do all acts and things which may be exercised or done by the Exim Bank. (3) Subject to the provisions of this Act, the Board in discharging its functions shall act on business principles with due regard to public interest. (4) In the discharge of its functions under this Act, the Exim Bank shall be guided by such directions in matters of policy involving public interest as the Central Government may give to it in writing. **6. Constitution of Board.—(1) The Board of Directors of the Exim Bank shall consist of the** following, namely:— (a) a chairman and a managing director appointed by the Central Government: Provided that the same person may be appointed to function both as chairman and as managing director; 2[(aa) two whole-time directors appointed by the Central Government;] 1. Subs. by Act 11 of 2012, s. 2, for sub-section (1) (w.e.f. 1-2-2012). 2. Ins. by s. 3, ibid. (w.e.f. 1-2-2012). 4 ----- (b) one director nominated by the Reserve Bank; (c) one director nominated by the Development Bank; (d) one director nominated by the Export Credit and Guarantee Corporation Limited, being a Government Company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956); (e) not more than twelve directors nominated by the Central Government of whom— (i) five directors shall be officials of the Central Government; (ii) not more than three directors shall be from the scheduled banks; (iii) not more than four directors shall be persons who have special knowledge of, or professional experience in, export or import or financing thereof. (2) The chairman and the managing director [1][or the whole-time director] shall hold office for such term, not exceeding [2][five years], as the Central Government may specify in this behalf and any person so appointed shall be eligible for re-appointment. (3) Notwithstanding anything contained in sub-section (1), the Central Government shall have the right to terminate the term of office of the chairman or the managing director, [1][or the whole-time director] as the case may be, at any time before the expiry of the term specified under sub-section (2), by giving him notice of not less than three months in writing or three months’ salary and allowances in lieu thereof, and the chairman or the managing director, [1][or the whole-time director] as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term specified under sub-section (2) by giving to the Central Government notice of not less than three months in writing or three months’ salary and allowances in lieu thereof. (4) The chairman and the managing director [1][or the whole-time director] shall receive such salary and allowances as may be determined by the Central Government. (5) The Central Government may, at any time, remove the chairman or the managing director, 1[or the whole-time director] as the case may be, from office: Provided 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. 3[(6) Subject to the provisions contained in sub-section (7), any director nominated under clause (b) or clause (c) or clause (d) or clause (e) of sub-section (1) and not being an official of Government or not being a whole-time director or official of the Reserve Bank or the Development Bank or the said Export Credit and Guarantee Corporation Limited or a scheduled bank, shall hold office for such term, not exceeding three years, as the Central Government or, as the case may be, the authority nominating him, may specify in this behalf [4]***, and shall be eligible for re-nomination: Provided that no such director shall hold office continuously for a period exceeding six years.] (7) Any[ 5]***director nominated under this section shall hold office during the pleasure of the authority nominating him. (8) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. (9) The chairman or, if for any reason he is unable to attend a meeting of the Board, the managing director [1][or the whole-time director] or, in the event of both the chairman and the managing director [1][or the whole-time director] being unable to attend a meeting, any other director nominated by the chairman 1. Ins. by Act 11 of 2012, s. 3 (w.e.f. 1-2-2012) 2. Subs. by Act 81 of 1985, s. 16, for “three years” (w.e.f. 1-5-1986). 3. Subs. by Act 66 of 1988, s. 39, for sub-section (6) (w.e.f. 30-12-1988). 4. The words “and thereafter until his successor enters upon his office” omitted by Act 45 of 2006, s. 18 (w.e.f. 16-10-2006). 5. The word “other” omitted by Act 66 of 1988, s. 39 (w.e.f 30-12-1988). 5 ----- in this behalf and in the absence of such nomination any director elected by the directors present from among themselves, shall preside at the meeting. (10) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman, or in his absence, the managing director, [1][or the whole-time director] or in the absence of both the chairman and the managing director, [1][or the whole-time director] the person presiding, shall have and exercise a second or casting vote. (11) Save as otherwise provided in sub-section (10), every director of the Board shall have one vote. **7. Committees.—(1) 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 for such purpose or purposes as it may think fit. (2) Any Committee constituted under sub-section (1) shall meet at such times and places and shall observe such rules or procedure in regard to the transaction of business at its meeting as may be prescribed. **8. Fees and allowances of directors and members of Committees.—The directors and the members** of a Committee shall be paid such fees and allowances as may be prescribed for attending the meetings of the Board or of any Committee constituted in pursuance of this Act and for attending to any other work of the Exim Bank: Provided that no fees shall be payable to the chairman, if he is appointed as a whole-time chairman, or to the managing director [1][or the whole-time director] or to any other director or member who is an official of the Government, the Reserve Bank or the Development Bank. **9. Disqualifications.—No person shall be a director of the Board constituted under this Act, who—** (a) is, or at any time has been, adjudged insolvent, or (b) is of unsound mind and has been 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, or (d) has, in the opinion of the Central Government, so abused his position as a director, as to render his continuance on the Board detrimental to the interests of the general public, or (e) has been, for any reason, removed from the Board. CHAPTER IV BUSINESS OF THE EXIM BANK **10. Business of Exim Bank.—(1) The Exim Bank may grant in or outside India loans and advances** by itself or in participation with any bank or financial institution whether in or outside India for the purposes of export or import and shall also function as the principal financial institution for co-ordinating the working of institutions engaged in financing of the export and import in such manner as it may deem appropriate. (2) The Exim Bank may also carry on and transact all or any of the following kinds of business, namely:— (a) granting loans and advances to a scheduled bank or any other bank or financial institution notified in the Official Gazette by the Central Government in this behalf by way of refinance of loans and advances granted by it for purpose of export or import; (b) underwriting the issue of stocks, shares, bonds or debentures of any company engaged in export or import; 1. Ins. by Act 11 of 2012, s. 4 (w.e.f. 1-2-2012). 6 ----- (c) issuing bid bonds or guarantees in or outside India by itself or in participation with any government, bank or financial institution in or outside India; (d) accepting, collecting, discounting, re-discounting, purchasing, selling or negotiating in or outside India, bills of exchange or promissory notes arising out of transactions relating to export or import and granting of loans and advances in or outside India against such bills or promissory notes; (e) granting, opening, issuing, confirming or endorsing letters of credit and negotiating or collecting bills and other documents drawn thereunder; (f) undertaking any transaction involving a combination of government to government and commercial credit for purposes of export or import; (g) granting lines of credit to the government of any foreign State or any financial institution or person outside India for purposes of export or import; (h) granting loans and advances outside India for any Indian joint venture; (i) granting loans and advances to any person in India in connection with his equity contribution in any joint venture in any country outside India; (j) financing export or import of machinery and equipment on lease basis; (k) subscribing to, or investing in, or purchasing of, stocks, shares, bonds or debentures of any development bank or Export-Import Bank of any country outside India; (l) buying or selling of, or entering into such other dealings in, foreign exchange, as may be necessary for the discharge of its functions; (m) opening of any account in any bank in or outside India or the making of any agency arrangement with, or acting as an agent or correspondent of, any bank or other institution in or outside India; (n) transferring, for consideration, any instrument relating to loans and advances granted by it; (o) issuing participation certificates; (p) subscribing to, or investing in, or purchasing of stocks, shares, bonds or debentures to the extent necessary for the enforcement of a lien, pledge or other contractual right; (q) undertaking and financing of research, surveys, techno-economic or any other study in connection with the promotion and development of international trade; (r) providing technical, administrative and financial assistance of any kind for export or import; (s) planning, promoting, developing and financing export-oriented concerns; (t) forming or conducting subsidiaries for carrying out its functions; (u) acting as agent of the Central Government, any State Government, the Reserve Bank, the Development Bank or any other person as the Central Government may authorise; (v) collecting, compiling and disseminating market and credit information in respect of international trade; (w) doing any other kind of business which the Central Government may authorise; (x) generally doing such other acts and things as may be incidental to, or consequential upon, the exercise of its powers or the discharge of its duties under this Act or any other law for the time being in force, including sale or transfer of any of its assets. (3) The Exim Bank may receive in consideration of any of the services mentioned in sub-sections (1) and (2) such commission, brokerage, interest, remuneration or fees as may be agreed upon. (4) The Exim Bank shall not grant any loan or advance or other financial accommodation on the security of its own bonds or debentures. 7 ----- CHAPTER V RESOURCES OF THE EXIM BANK **11. Loans by Central Government.—The Central Government may, after due appropriation made** by Parliament by law in this behalf, advance to the Exim Bank— (a) a loan of twenty crores of rupees at a rate of interest of five and a quarter per cent. per annum repayable in fifteen equal annual instalments, commencing on the expiry of a period of fifteen years from the date of receipt of the loan; and (b) such further sums of money by way of loan on such terms and conditions as may be agreed upon: Provided that the Central Government may, on a request being made to it by the Exim Bank, increase the number of instalments or alter the amount of any instalment or vary the date on which any instalment is payable under clause (a). **12. Borrowings and acceptance of deposits by Exim Bank.—(1) The Exim Bank may, for the** purposes of carrying out its functions under this Act,— (a) issue and sell bonds and debentures with or without the guarantee of the Central Government; (b) borrow money from the Reserve Bank— (i) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date on which the money is so borrowed against the security of stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in India; (ii) against bills of exchange or promissory notes arising out of bona fide commercial or trade transactions and bearing two or more good signatures and maturing within five years from the date of the borrowing; (iii) out of the National Industrial Credit (Long Term Operations) Fund established under section 46C of the Reserve Bank of India Act, 1934 (2 of 1934) for any of the purposes specified in that section; (c) borrow money from such other authority, organisation or institution in India as may generally or specially be approved by the Central Government; (d) accept deposits repayable after the expiry of a period which shall not be less than twelve months from the date of the making of the deposit on such terms as may generally or specially be approved by the Reserve Bank. (2) The Central Government may, on a request being made to it by the Exim Bank, guarantee the bonds and debentures issued by that Bank as to the repayment of principal and the payment of interest at such rate as may be fixed by that Government. **13. Loans in foreign currency.—Notwithstanding anything contained in the Foreign Exchange** Regulation Act, 1973 (46 of 1973) or in any other law for the time being in force relating to foreign exchange, the Exim Bank may, for the purpose of granting loans and advances under this Act, borrow, with the previous consent of the Central Government, foreign currency from any foreign State or from any bank or financial institution in any foreign country or otherwise. **14. Grants, donations, etc., to Exim Bank.—The Exim Bank may receive gifts, grants, donations or** benefactions from Government or any other source in or outside India. CHAPTER VI EXPORT DEVELOPMENT FUND **15. Export Development Fund.—With effect from such date** as the Central Government may, by notification, appoint, the Exim Bank shall establish a special fund to be called the Export Development Fund. 8 ----- **16. Credits to Export Development Fund.—To the Export Development Fund shall be credited—** (a) all amounts received for the purposes of that Fund by way of loans, gifts, grants, donations or benefactions from Government or any other source in or outside India; (b) repayments or recoveries in respect of loans, advances or other facilities granted from the Fund; (c) income or profits from investments made from the Fund; and (d) income accruing or arising to the Fund by way of interest or otherwise, on account of the application of the Fund in accordance with the provisions of section 17. **17. Utilisation of Export Development Fund.—(1) Where the Exim Bank considers it necessary or** desirable so to do, it may, subject to the provisions of sub-sections (2) and (3), disburse or spend from the Export Development Fund any amount on account or in consequence of the grant of any loan or advance, or on account or in consequence of entering into any arrangement under sub-section (1) or clause (b) or clause (c) or clause (d) or clause (q) or clause (r) or clause (s) or clause (w) or clause (x) of sub-section (2) of section 10: Provided that before granting any such loan or advance or entering into any such arrangement, the Exim Bank shall obtain the prior approval of the Central Government. (2) Before seeking the approval of the Central Government under sub-section (1), the Exim Bank shall satisfy itself that banking or other financial institutions or other agencies are not likely to grant such loan or advance, or to enter into any such arrangement in the ordinary course of business. (3) The Central Government shall, before giving its approval, satisfy itself that such loan, advance or arrangement is necessary as a matter of priority in the interests of the international trade of the country. (4) For the removal of doubts, it is hereby declared that nothing contained in this section shall be deemed to preclude the Exim Bank from granting any loan or advance or from entering into any arrangement under sub-section (1) or clause (b) or clause (c) or clause (d) or clause (q) or clause (r) or clause (s) or clause (w) or clause (x) of sub-section (2) of section 10 without the approval of the Central Government, if no amount in respect thereof is to be disbursed or spent from the Export Development Fund. **18. Debits to Export Development Fund.—(1) To the Export Development Fund shall be debited—** (a) such amounts as may from time to time be disbursed or spent under sub-section (1) of section 17; (b) such amounts as may be required for discharging the liabilities in respect of loans received for the purposes of that Fund; (c) any loss arising on account of investment made out of that Fund; and (d) such expenditure arising out of, or in connection with, the administration and application of the Fund as may be determined by the Board. (2) No amount shall be debited to the Export Development Fund except as provided for in sub-section (1). **19. Accounts and audit of Export Development Fund.—(1) The balance-sheet and accounts of the** Export Development Fund shall be prepared in such form and manner as may be prescribed. (2) The Board shall cause the books and accounts of the Export Development Fund to be closed and balanced as on the 31st day of December each year . (3) The Export Development Fund shall be audited by one or more auditors appointed by the Central Government under section 24 who shall make a separate report thereon. (4) The provisions of sub-sections (2), (3), (4) and (6) of section 24 shall, so far as may be, apply in relation to the audit of the Export Development Fund. 9 ----- (5) The Exim Bank shall furnish to the Central Government, within four months from the date on which the accounts of the Export Development Fund are closed and balanced, a copy of the balance-sheet and accounts together with a copy of the auditors’ report and a report on the operation of the Fund during the relevant year and the Central Government shall, as soon as may be after they are received by it, cause the same to be laid before each House of Parliament. **20. Liquidation of Export Development Fund.—The Export Development Fund shall not be closed** or wound up save by order of the Central Government and in such manner as that Government may direct. CHAPTER VII GENERAL FUND, ACCOUNTS AND AUDIT **21. General Fund.—All receipts of the Exim Bank other than those which are to be credited to the** Export Development Fund under this Act shall be credited to a Fund to be called the General Fund and all payments by the Exim Bank, other than those which are to be debited to the Export Development Fund, shall be made out of the General Fund. **22. Preparation of accounts and balance-sheet.—(1) The balance-sheet and accounts of the Exim** Bank shall be prepared in such form and manner as may be prescribed. (2) The Board shall cause the books and accounts of the Exim Bank to be closed and balanced as on the 31st day of December each year. **23. Disposal of Profits accruing to General Fund.—(1) The Exim Bank may establish a Reserve** Fund to which may be transferred such sums as that Bank may deem fit out of the annual profits accruing to the General Fund. (2) After making provision for bad and doubtful debts, depreciation of assets and for all other matters for which provision is necessary or expedient or which is usually provided for by bankers and for the Reserve Fund referred to in sub-section (1), the Exim Bank shall transfer the balance of the net profits to the Central Government. **24. Audit.—(1) The accounts of the Exim Bank shall be audited by auditors duly qualified to act as** auditors under sub-section (1) of section 266 of the Companies Act, 1956 (1 of 1956), who shall be appointed by the Central Government for such term and on such remuneration as the Central Government may fix. (2) The auditors shall be supplied with a copy of the annual balance-sheet of the Exim Bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the Exim Bank and shall at all reasonable times have access to the books accounts, vouchers and other documents of the Exim Bank. (3) The auditors may, in relation to such accounts, examine any director or any officer or other employee of the Exim Bank and shall be entitled to require from the Board or officer or other employee of the Exim Bank such information and explanation as they may think necessary for the performance of their duties. (4) The auditors shall make a report to the Exim Bank upon the annual balance-sheet and accounts examined by them and in every such report they shall state whether in their opinion the balance-sheet is a full and fair balance-sheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the Exim Bank and in case they had called for any explanation or information from the Board or any officer or other employee of the Exim Bank whether it has been given and whether it is satisfactory. (5) The Exim Bank shall furnish to the Central Government within four months from the date on which its accounts are closed and balanced, a copy of its balance-sheet and accounts together with a copy of the auditors’ report and a report of the working of the Exim Bank during the relevant year, and the Central Government shall, as soon as may be, after they are received by it, cause the same to be laid before each House of Parliament. 10 ----- (6) Without prejudice to anything contained in the preceding sub-sections, the Central Government may, at any time, appoint the Comptroller and Auditor-General of India to examine and report upon the accounts of the Exim Bank and any expenditure incurred by him in connection with such examination and report shall be payable by the Exim Bank to the Comptroller and Auditor-General of India. **25. Saving.—Save as otherwise provided in sub-section (4) of section 19, nothing contained in this** Chapter shall apply to the Export Development Fund. CHAPTER VIII TRANSFER OF PART OF BUSINESS OF DEVELOPMENT BANK **26. Transfer of part of business of Development Bank.—(1) On such date as that Central** Government may, by notification, appoint, all business, property, assets and liabilities, rights, interests, privileges and obligations of whatever nature of the Development Bank in so far as they relate to the export financing functions of that Bank shall stand transferred to, and vest in, the Exim Bank. (2) For the transfer to, and vesting in, the Exim Bank under sub-section (1), the Exim Bank shall pay to the Development Bank such amount in such manner and in such number of instalments as may be determined by the Central Government. (3) All contracts, deeds, bonds, agreements, powers-of-attorney, grants of legal representation and other instruments of whatever nature of the Development Bank which relate to the export financing functions of that Bank and which are subsisting or having effect immediately before the date referred to in sub-section (1) and to which the said Bank is a party or which are in favour of that Bank shall,— (a) if they relate exclusively to the export financing functions of that Bank, be of full force and effect against or in favour of the Exim Bank, as the case may be, and may be enforced and acted upon as fully and effectively as if instead of the Development Bank the Exim Bank had been a party thereto or as if they had been issued in favour of the Exim Bank; and (b) if they relate not only to the export financing function of the Development Bank but also to any of the other functions of that Bank, be of full force and effect against or in favour of both the Development Bank and the Exim Bank and may be enforced or acted upon as fully and effectively as if in addition to the Development Bank the Exim Bank had also been a party thereto or as if they had been issued in favour of the Development Bank and also the Exim Bank. (4) If, on the date referred to in sub-section (1), any suit, appeal or other legal proceeding of whatever nature relating to the export financing functions of the Development Bank is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Exim Bank of the business of the Development Bank or of anything contained in this Act, but the suit, appeal or other proceeding may,— (a) where it relates exclusively to the export financing functions of the Development Bank, be continued, prosecuted and enforced by or against the Exim Bank; and (b) where it relates not only to the export financing functions of the Development Bank but also to any of the other functions of that Bank, be continued, prosecuted and enforced by or against the Development Bank and the Exim Bank or, if the Central Government by special order in writing so directs, by or against such one of the said two Banks, as may be specified in such order. (5) If any question arises as to whether any contract, deed, bond, agreement, powers-of-attorney, grant of legal representation or other instrument referred to in sub-section (3) or any suit, appeal or other legal proceeding referred to in sub-section (4) relates or relates exclusively to the export financing functions of the Development Bank, it shall be referred to the Central Government for decision and the decision of the Central Government thereon shall be final. (6) The provisions of this section shall have effect notwithstanding anything contained in the Industrial Development Bank of India Act, 1964 (18 of 1964) or any other law or any instrument having force by virtue of the said Act or other law. 11 ----- CHAPTER IX MISCELLANEOUS **27. Staff of Exim Bank.—(1) The Exim Bank may appoint such number of officers and other** employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. (2) Without prejudice to the provisions of sub-section (1), it shall be lawful for the Exim Bank to utilise, and for the Development Bank to make available the services of, such staff of the Development Bank having experience relating to export financing functions on such terms and conditions as may be agreed upon between the Exim Bank and the Development Bank. (3) The duties and conduct, terms and conditions of service and the establishment and maintenance of a Provident Fund or any other Fund for the benefit of the officers and other employees of the Exim Bank shall be such as may be prescribed. **28. Delegation of powers.—The Board may, be general or special order, delegate to any director or** any officer or other employee of the Exim Bank, 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. **29. Returns.—The Exim Bank shall furnish, from time to time, to the Central Government such** returns as the Central Government may require. **30. Obligation as to fidelity and secrecy.—(1) The Exim Bank shall not, except as otherwise** required by this Act or any other law, 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 Exim Bank to divulge such information. (2) The Exim Bank may, for the purpose of efficient discharge of its functions under this Act, collect from, or furnish to, the Central Government, the Development Bank or any scheduled bank or such other financial institution, as may be notified in the Official Gazette by the Central Government in this behalf, credit information or other information as it may consider useful for the purpose, in such manner and at such times, as it may think fit. _Explanation.—For the purpose of this sub-section, the expression “credit information” shall have the_ same meaning as in clause (c) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934), subject to the modification that “banking company” referred to therein shall mean the Development Bank, any scheduled bank or other financial institution as aforesaid. (3) Every director, member of a committee, auditor or officer or other employee of the Exim Bank or of the Development Bank whose services are utilised by the Exim Bank under the provisions of this Act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the First Schedule. 1[(4) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005.] **31. Defects in appointments not to invalidate acts, etc.—(1) No act or proceeding of the Board or** of any committee of the Exim Bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be. (2) No act done by any person acting in good faith as a director shall be deemed to be invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment. **32. Arrangement with Exim Bank on appointment of directors to prevail.—(1) Where any** arrangement entered into by the Exim Bank with a company provides for the appointment by the Exim Bank of one or more directors of such company, such provisions and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the 1. Ins. by Act 30 of 2005, s. 34 and the Schedule (w.e.f. 14-12-2006). 12 ----- 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 Exim Bank in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall— (a) hold office during the pleasure of the Exim Bank and may be removed or substituted by any person by order in writing of the Exim Bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. **33. Indemnity of directors.—(1) Every director shall be indemnified by the Exim Bank against all** losses and expenses incurred by him, in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. (2) A director shall not be responsible for any other director or for any officer or other employees of the Exim Bank or for any loss or expenses resulting to the Exim Bank from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the Exim Bank or the insolvency or wrongful act of any debtor or any person under obligation to the Exim Bank or anything done in good faith in the execution of the duties of his office or in relation thereto. **34. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the** Exim Bank or any director or any officer or other employee of the Exim Bank or any other person authorised by the Exim Bank to discharge any functions under this Act for any loss or 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 other law or provision having the force of law. **35. Act 18 of 1891 to apply in relation to Exim Bank.—The Bankers’ Books Evidence Act, 1891** shall apply in relation to the Exim Bank as if it were a Bank as defined in section 2 of that Act. **36. Section 34A and section 36AD only of Act 10 of 1949 to apply to Exim Bank.—Nothing** contained in the Banking Regulation Act, 1949, except section 34A and section 36AD thereof, shall apply to the Exim Bank. **37. [Act** 43 of 1961 and Act 7 of 1964 not to apply to Exim Bank.] _Omitted by Finance Act, 1998_ (21 of 1998) s. 117 (w.e.f. 1-4-1999). **38. Liquidation of Exim Bank.—No provision of any law relating to the winding up of companies** or corporations shall apply to the Exim Bank and the Exim Bank shall not be placed in liquidation save by an order of the Central Government and in such manner as it may direct. **39. Power to make regulations.—(1) The Board may, with the previous approval of the Central** Government, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for— (a) the times and places of the meetings of the Board or of any committee constituted under this Act and the procedure to be followed at such meetings including the quorum necessary for the transaction of business; (b) the fees and allowances that may be paid to the directors and the members of a committee; 13 ----- (c) the form and manner in which the balance-sheets and the account of the Export Development Fund and the Exim Bank shall be prepared; (d) the duties and conduct, and the terms and conditions of service of the officers and other employees of the Exim Bank; (e) the establishment and maintenance of provident fund or any other fund for the benefit of the officers and other employees of the Exim Bank; and (f) any other matter which is to be, or may be, prescribed. (3) Every regulation made by the Board under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. **40. [Amendment of certain enactments.]—Rep. by Repealing and Amending Act, 1988 (19 of 1988),** _s. 2, and the First Schedule (w.e.f. 31-3-1988)._ **41. Power to remove difficulty.—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, for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of three years from the date on which this Act receives the assent of the President. 14 ----- THE FIRST SCHEDULE [See section 30(3)] DECLARATION OF FIDELITY AND SECRECY I………….., do hereby declare that I will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as director, member of………….committee, auditor, officer or other employee (as the case may be) of the Export-Import Bank of India and which properly relate to the officer or position held by me in or in relation to the said Exim Bank. I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the Export-Import Bank of India or to the affairs of any person having any dealing with the said Exim 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 said Exim Bank and relating to the business of the said Exim Bank or the business of any person having any dealing with the said Exim Bank. (Signature) Signed before me. [THE SECOND SCHEDULE]. Rep. by the Repealing and Amending Act, 1988 (19 of 1988), s. and the _First Schedule (w.e.f. 31-3-1988)._ 15 -----

11-Sep-1981

29

The British India Corporation Limited (Acquisition of Shares) Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/1790/1/A1981-29.pdf

central

# THE BRITISH INDIA CORPORATION LIMITED (ACQUISITION OF SHARES) ACT, 1981 _________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ACQUISITION OF THE SHARES OF THE COMPANY 3. Transfer and vesting of shares of the Company in the Central Government. 4. Management of the Company. 5. Payment of amounts. 6. Appointment of Commissioner of Payments. 7. Payment by the Central Government to the Commissioner. 8. Claims to be made to the Commissioner. 9. Examination of claims. 10. Admission or rejection of claims. 11. Disbursement of money by the Commissioner to claimants. 12. Undisbursed or unclaimed amount to be deposited to the general revenue account. 13. Power of inspection. 14. Power of Commissioner to inquire into disputes as to amount. 15. Deposit of amount in court. CHAPTER III MISCELLANEOUS 16. Act to have overriding effect. 17. Penalties. 18. Offences by companies. 19. Limitation of cognizance of offences. 20. Power to make rules. 21. Repeal and saving. 1 ----- # THE BRITISH INDIA CORPORATION LIMITED (ACQUISITION OF SHARES) ACT, 1981 ACT NO. 29 OF 1981 [11th September, 1981.] # An Act to provide for the acquisition of certain shares of the British India Corporation Limited with a view to securing the proper management of the affairs of the Company and the continuity and development of the production of goods which are vital to the needs of the country and for matters connected therewith or incidental thereto. WHERE AS Messrs. British India Corporation Limited, Kanpur, are engaged in the manufacture and production of pure and blended woollen fabrics which are vital to the needs of the general public; AND WHEREAS as a result of an investigation made under section 15 of the Industries (Development and Regulation) Act, 1951 (65 of 1951), certain directions were issued to the Company under section 16 of that Act which, inter alia, included the modernisation of the plant and machinery of the undertakings of the Company; AND WHEREAS for the purpose of carrying out the said directions, public financial institutions had advanced large sums of money to the Company; AND WHEREAS the Central Government and certain public financial institutions have also invested considerable funds in the share capital of the Company; AND WHERE AS the State Bank of India has advanced considerable sums to the Company and a part thereof has been guaranteed by the Central Government; AND WHEREAS further investment of large sums of money is necessary for the maintenance and development of the production of the undertakings of the Company and for securing the proper management of the affairs of the Company; AND WHEREAS acquisition by the Central Government of an effective control over the affairs of the Company is necessary to enable it to make the investments aforesaid; BE it enabled by Parliament in the Thirty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the British India Corporation** Limited (Acquisition of Shares) Act, 1981. (2) It shall be deemed to have come into force on the 11th day of June, 1981. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 11th day of June, 1981; (b) “bank” means a banking company within the meaning of the Banking Regulation Act, 1949 (10 of 1949); (c) “Commissioner” means the Commissioner of Payments appointed under section 6; (d) “Company” means British India Corporation Limited,being a company within the meaning of the Companies Act, 1956 (1 of 1956), and having its registered office at Sutherland House, Kanpur, in the State of Uttar Pradesh; (e) “notification” means a notification published in the Official Gazette; (f) “share” means a share, whether ordinary or preference, in the capital of the Company, and includes a share pledged by any shareholder with any bank or other creditor, but does not include any share in the capital of the Company held by— (i) the Central Government; (ii) any State Government; 2 ----- (iii) the State Bank of India, established under section 3 of the State Bank of India Act,1955 (23 of 1955), and its subsidiary banks; (iv) the Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956); (v) the Unit Trust of India, established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963); (vi) any corresponding new bank, within the meaning of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970); (vii) any corresponding new bank, within the meaning of the Banking Companies (Acquisition and Transfer of Undertakings) Act,1980 (40 of 1980); (viii) any general insurance company nationalised by the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972); (g) “shareholder” means,— (i) a person who, immediately before the appointed day, was registered by the Company as the holder of any share and includes his legal representative; or (ii) a person who, before the appointed day, had lodged with the Company a proper instrument of transfer of any share in the form prescribed under section 108 of the Companies Act, 1956 (1 of 1956), and executed in accordance with the provisions of that section; or (iii) a person who claims under a proper instrument of transfer of any share in the form prescribed under section 108 of the Companies Act, 1956 (1 of 1956), and delivers such instrument to the Commissioner, duly executed, on or before such date as the Central Government may, by notification, specify in this behalf; (h) “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; (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 OF THE SHARES OF THE COMPANY **3. Transfer and vesting of shares of the Company in the Central Government.—(1) On the** appointed day, all the shares of the Company shall, by virtue of this Act, stand transferred to, and vest in, the Central Government. (2) The Central Government shall be deemed, on and from the appointed day, to have been registered in the Register of members of the Company as the holder of each share which stands transferred to, and vested in, it by virtue of the provisions of sub-section(1). (3) All the shares which have vested in the Central Government under sub-section (1), shall, by force of such vesting, be freed and discharged of all trusts, liabilities, obligations, mortgages, charges, liens and other encumbrances affecting them, and any attachment, injunction or any decree or order of the court, tribunal or other authority restricting the use of such shares in any manner, shall be deemed to have been withdrawn. (4) For the removal of doubts, it is hereby declared that the provisions of sub-sections (1) and (2) shall not be deemed to affect— (a) any right of the Company subsisting, immediately before the appointed day, against any shareholder to recover from such shareholder any sum of money on the ground that the shareholder has not paid or credited to the Company the whole or any part of the value of the shares held by him, or on any other ground whatsoever; or 3 ----- (b) any right of the shareholder subsisting, immediately before the appointed day, against the Company to receive any dividend or other payment due from the Company. **4. Management of the Company.—For the purpose of enabling the Company to function as a** Government company, the Central Government may, by notification, make such provisions (including changes in the Board of Directors, and amendments in the memorandum and articles of association, of the Company) as it may consider necessary and the provisions so made shall have effect notwithstanding anything contained in the Companies Act, 1956 (1 of 1956). **5. Payment of amounts.—(1) For the transfer to, and vesting in, the Central Government, under** section 3, of the shares of the Company, there shall be given by the Central Government to the shareholders of the Company, in cash and in the manner specified in section 7, an amount of rupees twenty-two lakhs and sixty thousand. (2) The amount, referred to in sub-section (1), shall carry simple interest at the rate of four percent. 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. **6. Appointment of Commissioner of Payments.—(1) The Central Government shall, for the** purpose of disbursing the amounts payable to shareholders of the Company under section 5, 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. **7. 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 shareholders of the Company,— (a) an amount equal to the amount specified in sub-section (1) of section 5; and (b) an amount equal to the amount determined under sub-section (2) of section 5. (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) The interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2), shall enure to the benefit of the shareholders of the Company. **8. Claims to be made to the Commissioner.—(1) Every shareholder, having a claim in relation to** any share acquired by this Act, 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 theclaim within the period of thirty days, he may entertain the claim within a further period of thirty days and not thereafter. (2) Every shareholder of a preference share shall have a preferential claim with regard to the amount paid by the Central Government to the Commissioner. **9. Examination of claims.—On receipt of the claims made under section 8, the Commissioner shall** separately arrange the claims in relation to preference shares and in relation to the ordinary shares and examine the claims in relation to each such share. 4 ----- **10. Admission or rejection of claims.—(1) After examining the claims, 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 disbursements 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 daily newspaper in the English language and in 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 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 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 will hold his sittings and shall, for the purpose of making an investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 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 345 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 registered office of the Company is situated. **11. Disbursement of money by the Commissioner to claimants.—(1) After admitting a claim** under this Act, the amount due in respect of each share acquired by virtue of this Act shall be paid by the Commissioner at the rate of rupees ten per preference share, and at the rate of fifty paise per ordinary share to the person or persons to whom such sums are due, and on such payment, the liability of the Central Government in respect of the share so acquired shall stand discharged. (2) The Commissioner shall also apportion amongst the share-holders, the amount paid to him by way of interest under sub-section (3) of section 7, and such apportionment shall be made on the basis of the amount due to each shareholder. **12. Undisbursed or unclaimed amount to be deposited to 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 wound up, shall be transferred by the Commissioner before his office is finally would 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, the order, if any, for payment of the claim being treated as an order for the refund of revenue. **13. Power of inspection.—For the purposes of ascertaining whether any person claiming payment** under this Act is a shareholder, the Commissioner shall have the right to— (a) require any person, having the possession, custody or control, of any register or record of the Company, to produce such register or record before the Commissioner, 5 ----- (b) require any person to make any statement or furnish any information which may be required by the Commissioner. **14. Power of Commissioner to inquire into disputes as to amount.—Where there is any dispute as** to the person or persons who are entitled to any amount payable under this Act (including any dispute as to who are the legal representatives of any deceased claimant to the amount), the Commissioner may, after making such inquiry as he may deem fit, make the payment to such person as appears to him to be best entitled to receive the amount: Provided that if the Commissioner is unable to determine as to who is the person entitled to the amount and considers that the matter could more appropriately be dealt with by the principal civil of original jurisdiction within the local limits of whose jurisdiction the registered office of the Company is situated, he may refer such dispute to the said court, whose decision thereon shall be final: Provided further that nothing contained herein shall affect the liability of any person, who may receive the whole or any part of the amount allowed under this Act, to pay the same to the person lawfully entitled thereto. **15. Deposit of amount in court.—Where any dispute has been referred under section 14 by the** Commissioner to the civil court referred to therein, he shall deposit the amount in that court. CHAPTER III MISCELLANEOUS **16. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in any law, other than this Act, or in any instrument having effect by virtue of any law, other than this Act. **17. Penalties.—If any person,—** (a) makes any claim for any payment under this Act, knowing or having reason to believe that such claim is false or without any basis; or (b) when required under this Act so to do,— (i) omits or fails to produce any register or record of the Company; or (ii) makes any statement of furnishes any information which is false in any material particular and which he knows or believes to be false or does not believe to be true; or (c) makes any such statement as aforesaid in any book, account, record, register, return or other document, 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. **18. 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 with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against the punished accordingly. 6 ----- _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. **19. Limitation of cognizance of offences.—No court shall take cognizance of an offence punishable** under this Act, except with the previous sanction of the Central Government or of an officer authorised by that Government in this behalf. **20. Power to make rules.—(1) The Central Government may, by notification, 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 affect only in such modified form or be no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **21. Repeal and saving.—(1) The British India Corporation (Acquisition of Shares) Ordinance, 1981** (5 of 1981), 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. 7 -----

15-Sep-1981

31

The Dalmia Dadri Cement Limited (Acquisition and Transfer of Undertakings) Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/2477/1/A1981-31.pdf

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# THE DALMIA DADRI CEMENT LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1981 _________ # 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. Central Government or Cement Corporation not to be liable for prior liabilities. 6. Power of Central Government to direct vesting of the undertakings of the Company in Cement Corporation. CHAPTER III PAYMENT OF AMOUNTS 7. Payment of amount. 8. Payment of further amount. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE COMPANY 9. Management, etc., of the undertakings of the Company. 10. Duty to deliver possession of the undertakings of the Company and documents relating thereto. 11. Duty to furnish particulars. CHAPTER V PROVISIONS RELATING TO THE EMPLOYEES OF THE COMPANY 12. Employment of certain employees to continue. 13. Provident fund and other funds. CHAPTER VI COMMISSIONER OF PAYMENTS 14. Appointment of Commissioner of Payments. 15. Payment by the Central Government to the Commissioner. 16. Certain powers of the Central Government or Cement Corporation. 17. Claims to be made to the Commissioner. 18. Priority of claims. 19. Examination of claims. 20. Admission or rejection of claims. 21. Disbursement of money by the Commissioner to claimants. 22. Disbursement of amounts to the Company. 23. Undisbursed or unclaimed amount to be deposited to the general revenue account. ----- CHAPTER VII MISCELLANEOUS SECTIONS 24. Act to have overriding effect. 25. Contracts to cease to have effect unless ratified by Central Government or Cement Corporation. 26. Protection of action taken in good faith. 27. Delegation of Powers. 28. Penalties. 29. Offences by companies. 30. Power to make rules. 31. Power to remove difficulties. 32. Repeal and saving. THE SCHEDULE ----- # THE DALMIA DADRI CEMENT LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1981 ACT NO. 31 OF 1981 [15th September, 1981.] # An Act to provide for the acquisition and transfer of the undertakings of the Dalmia Dadri Cement Limited with a view to securing the proper management of such undertakings so as to subserve the interest of the general public by ensuring the continued manufacture, production and distribution of cement which is essential to the needs of the economy of the country and matters connected therewith or incidental thereto. WHEREAS Messrs. Dalmia Dadri Cement Limited had been engaged in the manufacture and production of portland cement, an article mentioned in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951); AND WHEREAS an order has been made for the winding up of the Company and proceedings for its liquidation are pending in the High Court of Punjab and Haryana; AND WHEREAS the undertakings of the Company have not been functioning since March, 1980; AND WHEREAS it is necessary to acquire the undertakings of the said Company to ensure that the interests of the general public are served by the continuance, by the undertakings of the said Company, of the manufacture, production and distribution of portland cement which is essential to the needs of the economy of the country; BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Dalmia Dadri Cement Limited** (Acquisition and Transfer of Undertakings) Act, 1981. (2) It shall be deemed to have come into force on the 23rd day of June, 1981. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 23rd day of June, 1981; (b) “Cement Corporation” means the Cement Corporation of India, a company incorporated and registered under the Companies Act, 1956 (1 of 1956); (c) “Commissioner” means the Commissioner of Payments appointed under section 14; (d) “Company” means the Dalmia Dadri Cement Limited, being a company within the meaning of the Companies Act, 1956 (1 of 1956), and having its registered office at Charkhi Dadri (Haryana); (e) “notification” means a notification published in the Official Gazette; (f) “prescribed” means prescribed by rules made under this Act; (g) “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; (h) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), shall 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 all 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 restricting the use of such properties in any manner 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 amount specified in section 7 and also out of the amount 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. (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 that 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 day of vesting of such undertaking under section 6 in the Cement Corporation, that Corporation shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to the Cement Corporation and that Corporation shall hold it for the remainder of the period for which that Company would have held it under the terms thereof. (6) If, on the appointed day, any suit, appeal or other proceeding of wherever 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 6 to vest in the Cement Corporation, by or against that Corporation. **5. Central Government or Cement Corporation not to be liable for 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 are directed under section 6 to vest in the Cement Corporation, against that Corporation. (2) For the removal of doubts, it is hereby declared that,— (a) save as otherwise expressly provided in this section or in any other provision of this Act, no liability of the Company in respect of any period prior to the appointed day, shall be enforceable against the Central Government, or where the undertakings of the Company are directed under section 6 to vest in the Cement Corporation, against that Corporation; (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 are directed under section 6 to vest in the Cement Corporation, against that Corporation; ----- (c) no liability incurred by the Company before the appointed day, for the contravention of a provision of any law for the time being in force, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6 to vest in the Cement Corporation, against that Corporation. **6. Power of Central Government to direct vesting of the undertakings of the Company in** **Cement Corporation.—(1) Notwithstanding anything contained in sections 3 and 4, the Central** Government may, subject to such terms and conditions as it 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 the Cement Corporation 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 of the Company, in relation to its undertakings, vest in the Cement Corporation under sub-section (1), the Cement Corporation shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all 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 the rights and liabilities of the Cement Corporation. CHAPTER III PAYMENT OF AMOUNTS **7. Payment of amount.—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 its undertakings, there shall be paid by the central Government to the Company, in cash, and in the manner specified in Chapter VI, an amount of rupees eighty-four lakhs and eighty-seven thousand. **8. Payment of further amount.—(1) The amount specified in section 7 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. (2) The amount determined in accordance with the provisions of sub-section (1) shall be paid by the Central Government to the Company in addition to the amount specified in section 7. (3) For the removal of doubts, it is hereby declared that the liabilities of the Company in relation to its undertakings which have vested in the Central Government under section 3, shall be discharged from the amount referred to in section 7, and also from the amount determined under sub-section (1) in accordance with the rights and interests of the creditors of the Company. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE COMPANY **9. Management, etc., of the undertakings of the Company.—The general superintendence,** direction, control and management of the affairs and business of the undertakings of the Company, the right, title and interest in relation to which have vested in the Central Government under section 3, shall, where a direction has been made by the Central Government under sub-section (1) of section 6, vest in the Cement Corporation, and thereupon the Cement Corporation shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the Company was authorised to exercise and [1][do in relation to its undertakings, including the power to dispose off the assets of the undertakings of the Company vested upon it, by the notification of the Government of India, in the Ministry of Industry (Department of Industrial Development) number S.O. 502(E), dated the 23rd June, 1981, under sub-section (1) of section 6, if such disposal of the assets is considered necessary by the Cement Corporation due to legal or financial considerations]. 1. Subs. by Act 3 of 2007, s. 2, for “do in relation to its undertakings” (w.e.f. 29-12-2006). ----- **10. Duty to deliver possession of the undertakings of the Company and documents relating** **thereto.—(1) Notwithstanding any judgment, decree or order of any court, tribunal or other authority or** anything contained in any law for the time being in force, the Official Liquidator of the Company or any other person, in whose possession or custody or under whose control the undertakings of the Company or any part thereof may be, shall forthwith deliver possession of the undertakings of the Company or any part thereof to the Central Government, or where the undertakings of the Company are vested under section 6 in the Cement Corporation, to that Corporation. (2) On the vesting of the management of the undertakings of the Company in the Cement Corporation, the Official Liquidator of the Company or any other person who has, on the appointed day, in his possession or custody or under his control any books, documents or other papers relating to the undertakings of the Company immediately before such vesting or appointment, shall be bound to deliver the said books, documents or other papers to the Cement Corporation or to such person as the Central Government or the Cement Corporation, as the case may be, may specify in this behalf. (3) The Central Government may take or cause to be taken all necessary steps for securing possession of the undertakings which have vested in it under section 3. (4) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Cement Corporation and that Corporation 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. **11. Duty to furnish particulars.—(1) The Company shall, within such period as the Central** Government may allow in this behalf, furnish to that Government or to the Cement Corporation a complete inventory of all the properties and assets of the Company as on the appointed day pertaining to the undertakings which have vested in the Central Government or the Cement Corporation, as the case may be. (2) So much of the obligation of the Company, under sub-section (1) as relates to the properties and assets of the Company in the possession, custody or control of the Official Liquidator of the Company shall be discharged by him. CHAPTER V PROVISIONS RELATING TO THE EMPLOYEES OF THE COMPANY **12. Employment of certain employees to continue.—(1) Every person who has been, immediately** before the appointed day, employed in any of the undertakings of the Company shall become,— (a) on and from the appointed day, an employee of the Central Government; and (b) where the undertakings of the Company are directed under sub-section (1) of section 6, to vest in the Cement Corporation, an employee of that Corporation on and from the date of such vesting, and shall hold office or service under the Central Government or the Cement Corporation, 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 Cement Corporation, 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 Cement Corporation, 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 any undertaking of the Company to the Central Government or the Cement Corporation shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. ----- (3) Where, under the terms of any contract of service or otherwise, any person, whose services become transferred to the Central Government or the Cement Corporation by reason of the provisions of this Act, is entitled to any arrears of salary or wages or any payments for any leave not availed of or any other payment, not being payment by way of gratuity or pension, such person may enforce his claim against the Company, but not against the Central Government or the Cement Corporation. **13. Provident fund and other funds.—(1) Where the Company has established a provided fund,** superannuation fund, welfare fund or any other fund for the benefit of the persons employed in any of the undertakings of the Company, the monies relatable to the officers or other employees, whose services have become transferred, by or under this Act, to the Central Government or the Cement Corporation, 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 vest in, the Central Government or the Cement Corporation, as the case may be. (2) The monies which stand transferred under sub-section (1) to the Central Government or the Cement Corporation, as the case may be, shall be dealt with by that Government or that Corporation in such manner as may be prescribed. CHAPTER VI COMMISSIONER OF PAYMENTS **14. Appointment of Commissioner of Payments.—(1) The Central Government shall, for the** purpose of disbursing the amounts payable to the Company under section 7 and section 8, 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. **15. 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 the amount specified in section 7, and (b) an amount equal to the amount payable to the 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) 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) The interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the Company. **16. Certain powers of the Central Government or Cement Corporation.—(1) The Central** Government or the Cement Corporation, as the case may be, shall be entitled to receive up to the specified date to the exclusion of all other persons, any money due to the Company, in relation to its undertakings which have vested in the Central Government or the Cement Corporation 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 Cement Corporation, as the ease may be, may make a claim to the Commissioner with regard to every payment made by it after the appointed day for discharging any liability of the Company in relation to any period prior to the appointed day; and every such claim shall have priority in accordance with the priorities attaching, under this Act, to the matter in relation to which such liability has been discharged by the Central Government or the Cement Corporation. (3) Save as otherwise provided in this Act, the liabilities of the Company in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the Company. **17. Claims to be made to the Commissioner.—Every person having a claim against the Company** 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 and not thereafter. **18. Priority of claims.—The claims arising out of the matters specified in the Schedule 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. **19. Examination of claims.—(1) On receipt of the claims made under section 17, the Commissioner** shall arrange the claims in the order of priorities specified in the Schedule and examine the same in accordance with such order of priorities. (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 the claims in respect of such lower category. **20. 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 certain 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 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 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 sittings and shall, for the purpose of making an investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 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 the decision to the principal civil court of original jurisdiction 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, the appeal shall lie to the High Court of Punjab and Haryana and such appeal shall be heard and disposed of by not less than two Judges of that High Court. **21. 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 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 of the Company shall stand discharged. **22. Disbursement of amounts to the Company.—(1) If, out of the monies paid to him in relation to** the undertakings of the Company, there is a balance left after meeting the liabilities as specified in the Schedule, the Commissioner shall disburse such balance to the Company. (2) Where the possession of any machinery, equipment or other property, has vested in the Central Government or the Cement Corporation 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 the Cement Corporation to continue to possess such machinery or equipment or other property on the same terms and conditions under which it was possessed by the Company immediately before the appointed day. **23. Undisbursed or unclaimed amount to be deposited to 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 wound 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, in any, for payment of the claim, being treated as an order for the refund of revenue. CHAPTER VII MISCELLANEOUS **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 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. **25. Contracts to cease to have effect unless ratified by Central Government or Cement** **Corporation.—Every contract entered into by the Company in relation to its undertakings, which has** vested in the Central Government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of 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 Cement Corporation, where such undertakings have been vested in that Corporation under this Act, and in ratifying such contract, the Central Government or the Cement Corporation may make such alteration or modification therein as it may think fit: ----- Provided that the Central Government or the Cement Corporation shall not omit to ratify 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 the Cement Corporation, and (b) 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. **26. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Central Government or any officer or other employee of that Government or the Cement Corporation or other person authorised by that Government or Corporation 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 officer or other employee of that Government or the Cement Corporation or other person authorised by that Government or Corporation for any damage caused or likely to be caused by anything which is in good faith done or intended to be done. **27. 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, section 30 and section 31, may also be exercised by such person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government. **28. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of any undertakings of the Company, wrongfully withholds such property from the Central Government or the Cement Corporation; or (b) wrongfully obtains possession of, or retains, any property forming part of, the undertakings of the Company; or (c) wilfully withholds or fails to furnish to the Central Government or the Cement Corporation or to any person or body of persons specified by that Government or the Cement Corporation, as the case may be, any document or inventory relating to the undertakings of the Company, which may be in his possession, custody or control; or (d) fails to deliver to the Central Government or the Cement Corporation or to any person or body of persons specified by that Government or the Cement Corporation, any assets, books of account, registers or other documents in his possession, custody or control relating to the undertakings of the Company;, or (e) wrongfully removes or destroys any property forming part of the undertakings of the Company; or (f) 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. **29. 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; (b) “director”, in relation to a firm, means a partner in the firm. **30. 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 time within which, and the manner in which, an intimation shall be given to the Commissioner under sub-section (3) of section 4; (b) the manner in which the monies in any provident fund or other fund under section 13 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. **31. 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. **32. Repeal and saving.—(1) The Dalmia Dadri Cement Limited (Acquisition and Transfer of** Undertakings) Ordinance, 1981 (6 of 1981), 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. ----- THE SCHEDULE [See sections 18, 19 (1), 20 (1) and 22 (1)] ORDER OF PRIORITIES FOR THE DISCHARGE OF LIABILITIES OF THE COMPANY _Category I—_ (a) Wages, salaries and other dues payable to the employees of the Company. (b) Deductions made from the salaries and wages of the employees for provident fund, Employees’ State Insurance contribution, premium relating to Life Insurance Corporation of India or for any other purposes. (c) Arrears in relation to contributions to be made by the Company to the provident fund and under Employees’ State Insurance Act, 1948 (34 of 1948) and also under any other law for the time being in force providing for such contributions. _Category II—_ Principal amount of loans advanced by— (i) Central Government; (ii) State Government; (iii) Banks and financial institutions; (iv) Any other sources. _Category III—_ (a) Any credits availed of by the Company for the purpose of carrying on any trading or manufacturing operations. (b) Any dues of State Electricity Boards or other Government or semi-Government institutions against supply of goods or services. (c) Arrears of interest on loans and advances. _Category IV—_ (a) Revenue, taxes, cesses, rates or other dues to Central Government, State Government and local authorities. (b) Any other dues. -----

17-Sep-1981

33

The Cine-workers Welfare Fund Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/1809/3/a1981-33.pdf

central

THE CINE-WORKERS WELFARE FUND ACT, 1981 __________ ARRANGEMENT OF SECTION ____________ SECTIONS 1. Short title, extent and commencement. 2. Definition. 3. Cine-workers Welfare Fund. 4. Application of Fund. 5. Advisory Committees. 6. Central Advisory Committee. 7. Power to co-opt, etc. 8. Appointment of Welfare Commissioners, etc., and their powers. 9. Annual report of activities financed under the Act. 10. Power to call for information. 11. Power to make rules. 1 ----- THE CINE-WORKERS WELFARE FUND ACT, 1981 ACT NO. 33 OF 1981 [17th September, 1981.] # An Act to provide for the financing of activities to promote the welfare of certain cine-workers. BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Cine-workers Welfare** Fund Act, 1981. (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. Definition.—In this Act, unless the context otherwise requires,—** (a) “cinematograph film” has the same meaning as in the Cinematograph Act, 1952 (37 of 1952); (b) “cine-worker” means an individual— (i) who has been employed, directly or through any contractor or in any other manner, in or in connection with the production of not less than five feature films to work as an artiste (including actor, musician or dancer) or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise; and 2[(ii) whose remuneration with respect to such employment in or in connection with the production of each of any five feature films, not being less than the monthly remuneration or lump sum remuneration stipulated prior to the commencement of the Cine-workers Welfare Fund (Amendment) Act, 2001 (56 of 2001), does not exceed such sum, whether monthly or by way of lump sum or instalments, as may be specified by the Central Government by notification in the Official Gazette;] (c) “feature film” means a full length cinematograph film produced wholly or partly in India with a format and a story woven around a number of characters where the plot is revealed mainly through dialogues and not wholly through narration, animation or cartoon depiction and does not include an advertisement film; (d) “Fund” means the Cine-workers Welfare Fund formed under section 3; (e) “prescribed” means prescribed by rules made under this Act; (f) “producer”, in relation to a feature film, means the person by whom arrangements necessary for the making of such film (including the raising of finance and engaging cine-workers for such filmmaking) are undertaken. 1. 1st November, 1984, vide notification No. G.S.R. 721(E), dated 12th October, 1984, see Gazette of India, Extraordinary, Part I, sec. 3 (i). 2. Subs. by Act 56 of 2001, s. 2, for sub-clause (ii) (w.e.f. 2-5-2002). 2 ----- **3. Cine-workers Welfare Fund.—There shall be formed a Fund, to be called the Cine-workers** Welfare Fund, and there shall be credited thereto— (a) such amounts as the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from out of the proceeds of the duty of excise credited under section 5 of the Cine-workers Welfare Cess Act, 1981 (30 of 1981), after deducting therefrom the cost of collection as determined by the Central Government under this Act; (b) any grants made to the Fund by the Central Government; (c) any money received as donations for the purposes of this Act; (d) any income from investment of the amounts in the Fund. **4. Application** **of Fund.—(1) The Fund shall be applied by the Central Government to meet the** expenditure incurred in connection with measures and facilities which, in the opinion of that Government, are necessary or expedient to promote the welfare of cine-workers; and, in particular,— (a) to defray the cost of such welfare measures or facilities for the benefit of cine-workers as may be decided by the Central Government; (b) to provide assistance in the form of grants or loans to indigent cine-workers; (c) to sanction any money in aid of any scheme for the welfare of the cine-workers [1][, including family welfare, family planning, education and services] which is approved by the Central Government; (d) to meet the allowances, if any, of the members of the Advisory Committees and the Central Advisory Committee constituted under sections 5 and 6 respectively and the salaries and allowances, if any, of persons appointed under section 8; (e) any other expenditure which the Central Government may direct to be defrayed from the Fund. (2) The Central Government shall have power to decide whether any particular expenditure is or is not debitable to the Fund, and its decision shall be final. **5. Advisory Committees.—(1) The Central Government may constitute as many Advisory** Committees as it thinks fit to advise the Central Government on such matters arising out of the administration of this Act as may be referred to it by that Government, including matters relating to the application of the Fund. (2) Each Advisory Committee shall consist of such number of persons as may be appointed to it by the Central Government and the members shall be chosen in such manner as may be prescribed: Provided that each Advisory Committee shall include an equal number of members representing the Government, the cine-workers and the producers. (3) The Chairman of each Advisory Committee shall be appointed by the Central Government. (4) The Central Government shall publish in the Official Gazette the names of the members of every Advisory Committee. **6. Central Advisory Committee.—(1) The Central Government may constitute a Central Advisory** Committee to co-ordinate the work of the Advisory Committees constituted under section 5 and to advise the Central Government on any matter arising out of the administration of this Act. 1. Ins. by Act 26 of 1987, s. 3 (w.e.f. 10-8-1988). 3 ----- (2) The Central Advisory Committee shall consist of [1][such number of members as may be appointed] by the Central Government and the members shall be chosen in such manner as may be prescribed: Provided that the Central Advisory Committee shall include at least three members representing the Government, the cine-workers and the producers. (3) The Chairman of the Central Advisory Committee shall be appointed by the Central Government. (4) The Central Government shall publish in the Official Gazette the names of the members of the Central Advisory Committee. **7. Power to co-opt, etc.—(1) An Advisory Committee or the Central Advisory Committee may, at** any time and for such period as it thinks fit, co-opt any person or persons to the Advisory Committee. (2) A person co-opted under sub-section (1) shall exercise all the powers and functions of a member under this Act but shall not be entitled to vote. (3) An Advisory Committee or the Central Advisory Committee may, if it considers it necessary or expedient so to do, invite any person to attend its meeting and when such person attends any meeting, he shall not be entitled to vote thereat. **8. Appointment of Welfare Commissioners, etc., and their powers.—(1) The Central Government** may appoint as many Welfare Commissioners, Welfare Administrators, Inspectors and such other officers and staff as it thinks necessary for the purposes of this Act and the Cine- workers Welfare Cess Act, 1981 (30 of 1981). (2) The Central Government may, by general or special order, direct a Welfare Commissioner to appoint such staff as is considered necessary for the purposes of this Act and the Cine-workers Welfare Cess Act, 1981 (30 of 1981). (3) Every person appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). (4) Any Welfare Commissioner may,— (a) with such assistance, if any, as he may think fit, enter, at any reasonable time, any place which he considers it necessary to enter for carrying out the purposes of this Act and the Cine-workers Welfare Cess Act, 1981 (30 of 1981); (b) do within such place anything necessary for the proper discharge of his duties; and (c) exercise such other powers as may be prescribed. **9. Annual report of activities financed under the Act.—The Central Government shall, as soon as** may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under this Act during the financial year, together with a statement of accounts. **10. Power to call for information.—The Central Government may require a producer to furnish, for** the purposes of this Act, such statistical and other information in such form and within such period as may be prescribed. **11. 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. 1. Subs. by Act 26 of 1987, s. 4, for “eleven members appointed” (w.e.f. 10-8-1988). 4 ----- (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the manner in which the Fund may be applied for the measures and facilities specified in sub section (1) of section 4; (b) the conditions governing the grant of any loan under clause (b) of sub-section (1) of section 4; (c) the composition of the Advisory Committees and the Central Advisory Committee constituted under sections 5 and 6 respectively, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances, if any, payable to them, and the manner in which the Advisory Committees and the Central Advisory Committee shall conduct their business; (d) the recruitment, conditions of service and the duties of all persons appointed under section 8; (e) the powers that may be exercised by a Welfare Commissioner, a Welfare Administrator and an Inspector appointed under section 8; (f) the furnishing to the Central Government by a producer of such statistical and other information as may be required to be furnished under section 10; (g) the form in which and the period within which the statistical and other information are to be furnished under clause (f); (h) any other matter which has to be, or may be, prescribed by rules under this Act. (3) In making any rule under clause (f) or clause (g) of sub- section (2), the Central Government may direct that a breach thereof shall be punishable with fine which may extend to two thousand rupees. (4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 5 -----

28-Sep-1981

42

The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/1817/1/198142.pdf

central

# THE MARITIME ZONES OF INDIA (REGULATION OF FISHING BY FOREIGN VESSELS) ACT, 1981 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II REGULATION OF FISHING BY FOREIGN VESSELS 3. Prohibition of fishing in maritime zones of India by foreign vessels. 4. Grant of licences. 5. Prohibition of fishing by Indian citizens, etc., using foreign vessels. 6. Cancellation or suspension of licence or permit. 7. Foreign vessel entering maritime zones of India without licence or permit to stow gear. 8. Fishing for scientific research, investigation, etc. CHAPTER III POWERS OF SEARCH AND SEIZURE 9. Authorised officers and their powers CHAPTER IV OFFENCES AND PENALTIES 10. Penalty for contravention of section 3. 11. Penalty for contravention of licence. 12. Penalty for contravention of permit. 13. Confiscation of vessels, etc. 14. Penalty for contravention of section 7. 15. Penalty for obstruction of authorised officers. 16. Court to pass certain orders. 17. Offences by companies. CHAPTER V MISCELLANEOUS 18. Offences to be cognizable. 19. Cognizance and trial of offences. 20. Magistrate’s power to impose enhanced penalties. 21. Place of trial. 22. Presumptions. 23. Protection of action taken in good faith. 24. Act to supplement other laws. 25. Power to make rules. 26. Removal of difficulties. 1 ----- # THE MARITIME ZONES OF INDIA (REGULATION OF FISHING BY FOREIGN VESSELS) ACT, 1981 ACT NO. 42 OF 1981 [28th September, 1981.] # An Act to provide for the regulation of fishing by foreign vessels in certain maritime zones of India and for matters connected therewith. BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Maritime Zones of India** (Regulation of Fishing by Foreign Vessels) Act, 1981. (2) It shall come into force on such date[1] as the Central Government may, by notification in Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provisions to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “exclusive economic zone of India” means the exclusive economic zone of India in accordance with the provisions of section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976). (b) “fish” means any aquatic animal, whether piscine or not, and includes shell fish, crustacean, molluscs, turtle (chelonia), aquatic mammal (the young, fry, eggs and spawn thereof), holothurians, coelenterates, sea weed, coral (porifera) and any other aquatic life; (c) “fishing” means catching, taking, killing, attracting or pursuing fish by any method and includes the processing, preserving, transferring, receiving and transporting of fish; (d) “foreign vessel” means any vessel other than an Indian vessel; (e) “Indian vessel” means— (I) a vessel owned by Government or by a corporation established by a Central Act or a Provincial or State Act, or (II) a vessel— (i) which is owned wholly by persons to each of whom any of the following descriptions applies:— (1) a citizen of India; (2) a company in which not less than sixty per cent, of the share capital is held by citizens of India; (3) a registered co-operative society every member whereof is a citizen of India or where any other co-operative society is a member thereof, every individual who is a member of such other co-operative society is a citizen of India; and (ii) which is registered under the Merchant Shipping Act, 1958 (44 of 1958), or under any other Central Act or any Provincial or State Act. _Explanation.—For the purposes of this clause, “registered co-operative society” means a society_ registered or deemed to be registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law relating to co-operative societies for the time being in force in any State; 1. 2nd November, 1981, vide notification No. S.O. 782(E), dated 31st October, 1981, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- (f) “licence” means a licence granted under section 4; (g) “maritime zones of India” means the territorial waters of India or the exclusive economic zone of India; (h) “master”, in relation to a vessel, means the person for the time being having command or charge of the vessel; (i) “owner”, in relation to a vessel, includes any association of persons, whether incorporated or not, by whom the vessel is owned or chartered; (j) “permit” means a permit granted or deemed to have been granted under section 5; (k) “prescribed” means prescribed by rules made under this Act; (l) “processing”, in relation to fishing includes cleaning, beheading, filleting, shelling, peeling, icing, freezing, canning, salting, smoking, cooking, pickling, drying and otherwise preparing or preserving fish by any other method; (m) “specified ports” means such ports as the Central Government may, by notification in the Official Gazette, specify for the purposes of this Act; (n) “territorial waters of India” means the territorial waters of India in accordance with the provisions of section 3 of the Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976); (o) “vessel” includes any ship, boat, sailing vessel or other description of vessel. CHAPTER II REGULATION OF FISHING BY FOREIGN VESSELS **3. Prohibition of fishing in maritime zones of India by foreign vessels.—Subject to the provisions** of this Act, no foreign vessel shall, except under and in accordance with— (a) a licence granted under section 4; or (b) a permit granted under section 5, by the Central Government, be used for fishing within any maritime zone of India. **4. Grant of licences.—(1) The owner of a foreign vessel or any other person [not being in either** case any person to whom any of the descriptions specified in sub-items (1) to (3) of item (i) of sub-clause (II) of clause (e) of section 2 applies] who intends to use such vessel for fishing within any maritime zone of India, may make an application to the Central Government for the grant of a licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fees as may be prescribed. (3) No licence shall be granted unless the Central Government, having regard to such matters as may be prescribed in the public interest in this behalf and after making such inquiry in respect of such other matters as may be relevant, is satisfied that the licence may be granted. (4) Every order granting or rejecting an application for the issue of a licence shall be in writing. (5) A licence granted under this section— (a) shall be in such form as may be prescribed; (b) shall be valid for such areas, for such period, for such method of fishing and for such purposes as may be specified therein; (c) may be renewed from time to time; and (d) shall be subject to such conditions and restrictions as may be prescribed and to such additional conditions and restrictions as may be specified therein. 3 ----- (6) A person holding a licence under this section shall ensure that every person employed by him complies, in the course of such employment, with the provisions of this Act, or any rule or order made thereunder and the conditions of such licence. **5. Prohibition of fishing by Indian citizens, etc., using foreign vessels.—(1) Every Indian citizen** and every person to whom any of the descriptions specified in sub-item (2) or (3) of item (i) of sub-clause (II) of clause (e) of section 2 applies, who intends to use any foreign vessel for fishing within any maritime zone of India, may make an application to the Central Government for a permit to use such vessel for such purpose. (2) Every application under sub-section (1) shall be made in such form and shall be accompanied by such fees as may be prescribed. (3) No permit shall be granted unless the Central Government, having regard to such matters as may be prescribed in the public interest in this behalf and after making such inquiry in respect of such other matters as may be relevant, is satisfied that the permit may be granted. (4) Every order granting or rejecting an application for the grant of such permit shall be in writing. (5) A permit granted under this section— (a) shall be in such form as may be prescribed; (b) shall be valid for such areas, for such period, for such method of fishing and for such purposes as may be specified therein; (c) may be renewed from time to time; and (d) shall be subject to such conditions and restrictions as may be prescribed and to such additional conditions and restrictions as may be specified therein. (6) A person holding a permit under this section shall ensure that every person employed by him complies, in the course of such employment, with the provisions of this Act or any rule or order made thereunder and the conditions of such permit. (7) Notwithstanding anything contained in the foregoing provisions of this section, or in section 3, any permission granted to an Indian citizen to use or employ foreign fishing vessels in any maritime zone of India and in force immediately before the commencement of this Act shall, if the terms and conditions of such permission are not inconsistent with the provisions of this Act, be deemed to be a permit granted under this section and such permission shall continue to be in force after such commencement on the same terms and conditions, including the conditions as to the area of operation and the period of its validity, and the provisions of this Act shall, so far as may be, apply to such permission. **6. Cancellation or suspension of licence or permit.—(1) The Central Government may, if there is** any reasonable cause to believe that the holder of any licence or permit has made any statement in, or in relation to, any application for the grant or renewal of such licence or permit which is incorrect or false in material particulars or has contravened any of the provisions of this Act or any rule or order made thereunder or of the provisions of any licence or permit or any conditions or restrictions specified therein, suspend such licence or permit, as the case may be, pending the completion of any inquiry against such holder for making such incorrect or false statement or for such contravention, as the case may be. (2) Where the Central Government is satisfied, after making such inquiry as is necessary, that the holder of any licence or permit has made such incorrect or false statement as is referred to in sub-section (1) or has contravened the provisions of this Act, rule or order made thereunder or of the provisions of any licence or permit or any conditions or restrictions specified therein, it may, without prejudice to any other penalty to which such holder may be liable under the provisions of this Act, cancel such licence or permit, as the case may be. (3) Every person whose licence or permit has been suspended under sub-section (1) shall, immediately after such suspension, stop using the foreign fishing vessel in respect of which such licence or permit is given and shall not resume such fishing until the order of suspension has been revoked. 4 ----- (4) Every holder of a licence or permit which is suspended or cancelled shall, immediately after such suspension or cancellation, surrender such licence or permit, as the case may be, to the Central Government. **7. Foreign vessel entering maritime zones of India without licence or permit to stow** **gear.—Where any foreign vessel enters any maritime zone of India without a valid licence or permit** granted under this Act, the fishing gear, if any, of such vessel shall, at all times while it is in such zone, be kept stowed in the prescribed manner. **8. Fishing for scientific research, investigation, etc.—Notwithstanding anything contained in** section 3, the Central Government may, in writing, permit a foreign vessel to be used for fishing within any maritime zone of India for the purpose of carrying out any scientific research or investigation or for any experimental fishing in accordance with such terms and conditions as may be prescribed. CHAPTER III POWERS OF SEARCH AND SEIZURE **9. Authorised officers and their powers.—(1) Any officer of the Coast Guard constituted under the** Coast Guard Act, 1978 (30 of 1978), or such other officer of Government as may be authorised by the Central Government may, for the purpose of ascertaining whether or not the requirements of this Act have been complied with, either with or without a warrant,— (a) stop or board a foreign vessel in any maritime zone of India and search such vessel for fish and for equipment used or capable of being used for fishing; (b) require the master of such vessel to produce— (i) any licence, permit, log book or other document relating to the vessel and examine or take copies of such licence, permit, log book or document; (ii) any catch, net, fishing gear or other equipment on board such vessel or belonging to the vessel and examine such fish, net, gear or equipment; (c) make such inquiries as may be necessary to ascertain whether any offence under this Act has been committed. (2) Where the officer referred to in sub-section (1) (hereinafter referred to as authorised officer) has reason to believe that any foreign vessel has been, is being, or is about to be, used for committing an offence under this Act, he may, with or without a warrant,— (a) seize and detain such vessel, including any fishing gear, fish equipment, stores or cargo found on board such vessel or belonging to the vessel, and seize and detain any fishing gear abandoned by the vessel; (b) require the master of the vessel so seized or detained to bring such vessel to any specified port; (c) arrest any person who, such officer has reason to believe, has committed such an offence. (3) In taking any action under sub-section (2), the authorised officer may use such force as may be reasonably necessary. (4) Where any vessel or other things are seized, or any person has been arrested, under sub-section (2),— (a) the vessel or other things so seized shall, as soon as possible, be produced before a Magistrate competent to try an offence under this Act who shall make such order as he may deem fit for the retention or custody of such vessel or things with Government or with any other authority pending the completion of any proceedings for the prosecution of any offence under this Act or for its use by such authority during such retention or custody on such terms and conditions as the Magistrate may think fit to impose: 5 ----- Provided that the Magistrate may, on an application made by the owner or master of such vessel in the prescribed form, order the release of the vessel or other things so seized on the owner or master furnishing security in the form of cash or a bank guarantee for an amount not less than fifty per cent. of the value of the vessel or things so seized: Provided further that where any fish so seized is subject to deterioration, the Magistrate may authorise the sale of such fish and the depositing of the proceeds of such sale in Court; (b) the arrested person shall, as soon as possible, be informed of the grounds for such arrest and he shall, without unnecessary delay, be produced before such Magistrate; and (c) the Central Government shall be informed of such seizure or arrest and the details thereof. (5) Where, in pursuance of the commission of any offence under this Act, any foreign vessel is pursued beyond the limits of the exclusive economic zone of India, the powers conferred on an authorised officer by this section may be exercised beyond such limits in the circumstances and to the extent recognised by international law and State practice. CHAPTER IV OFFENCES AND PENALTIES **10. Penalty for contravention of section 3.—Where any foreign vessel is used in contravention of** the provisions of section 3, the owner or master of such vessel shall,— (a) in a case where such contravention takes place in any area within the territorial waters of India, be punishable with imprisonment for a term not exceeding three years or with fine not exceeding rupees fifteen lakhs or with both; and (b) in a case where such contravention takes place in any area within the exclusive economic zone of India, be punishable with fine not exceeding rupees ten lakhs. **11. Penalty for contravention of licence.—Whoever contravenes the provisions of any licence shall** be punishable with fine not exceeding rupees ten lakhs. **12. Penalty for contravention of permit.—Whoever contravenes the provisions of any permit shall** be punishable,— (a) where such contravention relates to the area of operation or method of fishing specified in such permit, with fine not exceeding rupees five lakhs; and (b) in any other case, with fine not exceeding rupees fifty thousand. **13. Confiscation of vessels, etc.—(1) Where any person is convicted of an offence under section 10** or section 11 or section 12, the foreign vessel used in or in connection with the commission of the said offence, together with its fishing gear, equipment, stores and cargo and any fish on board such ship or the proceeds of the sale of any fish ordered to be sold under the second proviso to clause (a) of sub-section (4) of section 9 shall also be liable to confiscation. (2) The foreign vessel or other things confiscated under sub-section (1) shall vest in the Central Government. **14. Penalty for contravention of section 7.—Where any foreign vessel is found in any maritime** zone of India in contravention of the provisions of section 7, the owner or master of such vessel shall be punishable with fine not exceeding rupees five lakhs. **15. Penalty for obstruction of authorised officers.—If any person—** (a) intentionally obstructs any authorised officer in the exercise of any powers conferred under this Act; or (b) fails to afford reasonable facilities to the authorised officer or his assistants to board the vessel or to provide for adequate security to such officer and assistants at the time of entry into the vessel or when they are on board such vessel; or 6 ----- (c) fails to stop the vessel or produce the licence, permit, log book or other document or any fish, net, fishing gear or other equipment on board such vessel, when required to do so by the authorised officer, he shall be punishable with imprisonment for a term which may extend to one year or with fine not exceeding rupees fifty thousand or with both. **16. Court to pass certain orders.—Where any person is convicted of an offence under this Act, the** Court may, in addition to awarding any punishment, order that any costs incurred in connection with the retention or custody of the vessel during the pendency of any proceedings for the prosecution of an offence under this Act, as reduced by the amount, if any, realised out of the use of the vessel by the authority with whom such vessel was retained or kept in custody, shall be payable by the person convicted. **17. 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 such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or 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 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. CHAPTER V MISCELLANEOUS **18. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1973), every offence punishable under this Act shall be cognizable. **19. Cognizance and trial of offences.—(1) No Court shall take cognizance of any offence** punishable under this Act except on a report in writing of the facts constituting such offence made by an authorised officer. (2) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act. **20. Magistrate’s power to impose enhanced penalties.—Notwithstanding anything contained in** section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or any Judicial Magistrate of the first class specially empowered by the State Government in this behalf to pass any sentence authorised by this Act. **21. Place of trial.—Any person committing an offence under this Act or any rules made thereunder** may be tried for the offence in such place as the Central Government may, by general or special order, published in the Official Gazette, direct in this behalf. **22. Presumptions.—(1) Where any offence is alleged to have been committed under the provisions** of this Act, the place of commission of such offence shall be presumed on the basis of the certified copy 7 ----- of the relevant entry in the log book or other official record of the vessel or aircraft which was used in connection with the detection of the offence. (2) Where any foreign vessel is found within any maritime zone of India and the fishing gear of such vessel is not stowed in the prescribed manner or fish is found on board such vessel, it shall be presumed, unless the contrary is proved, that the said vessel was used for fishing within that zone. **23. 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 the provisions of this Act. (2) No suit or other legal proceeding shall lie against the 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 the provisions of this Act. **24. Act to supplement other laws.—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. **25. 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 in which an application for a licence or permit may be made and the fees that shall accompany such application; (b) the matters which may be taken into account in the granting of licences and permits; (c) the form of licences and permits and the conditions and restrictions subject to which licences and permits may be granted; (d) the manner in which the fishing gear of a foreign vessel shall be kept stowed under section 7; (e) the terms and conditions under which a foreign vessel may be permitted to be used for fishing within any maritime zone of India for the purpose of carrying out any scientific research or investigation or for any experimental fishing under section 8; (f) the form in which an application may be made for releasing the vessel or other things seized under the first proviso to clause (a) of sub-section (4) of section 9; (g) any other matter which is required to be, or may be, prescribed. (3) In making any rule under this section, the Central Government may provide that a contravention thereof shall be punishable with fine which may extend to fifty thousand rupees. (4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **26. Removal of 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 may appear to it to be necessary for removing the difficulty : Provided that no order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 8 -----

18-Dec-1981

48

The Anti-Apartheid (United Nations Convention) Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/1827/1/A1981-48.pdf

central

# THE ANTI-APARTHEID (UNITED NATIONS CONVENTION) ACT, 1981 ________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and extent. 2. Application of the International Convention on the Suppression and Punishment of the Crime of _Apartheid._ 3. Punishment for international criminal responsibility. 4. Offences by companies, organisations or institutions. 5. Place of trial. 6. Previous sanction of the Central Government for arrest or prosecution. 7. Provisions as to Extradition Act. THE SCHEDULE. 1 ----- # THE ANTI-APARTHEID (UNITED NATIONS CONVENTION) ACT, 1981 ACT NO. 48 OF 1981 [18th December, 1981.] # An Act to give effect to the International Convention on the Suppression and Punishment of the Crime of Apartheid. WHEREAS an International Convention on the Suppression and Punishment of the Crime of Apartheid was adopted by the General Assembly of the United Nations on the Thirtieth day of November, 1973; AND WHEREAS India, having acceded to the said Convention, should make provisions for giving effect to it; BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called The Anti-Apartheid** (United Nations Convention) Act, 1981. (2) It extends to the whole of India. **2. Application of the International Convention on the Suppression and Punishment of the** **Crime of Apartheid.—(1) Notwithstanding anything to the contrary contained in any other law, such of** the provisions of the International Convention on the Suppression and Punishment of the Crime of _Apartheid as are setout in the Schedule 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) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before each House of Parliament. **3. Punishment for international criminal responsibility.—Every person to whom international** criminal responsibility applies under article III of the said Convention, as set out in the Schedule, shall be punished with death, or imprisonment for life, or imprisonment for a term which may extend to ten years, and shall also be liable to fine. _Explanation.—For the purposes of this section, the reference in clause (a) of article III of the said_ Convention to “article II” shall be construed as a reference to the provisions of article II of that Convention as set out in the Schedule. **4. Offences by companies, organisations or institutions.—Where an offence under this Act has** been committed by a company or an organisation or an institution, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, organisation or institution, as the case may be, for the conduct of its business or affairs, 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 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. _Explanation.—For the purposes of this section, “company” means any body corporate and includes a_ firm or other association of individuals. **5. Place of trial.—Any person committing an offence under section 3 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. **6. Previous sanction of the Central Government for arrest or prosecution.—No person shall be** arrested or prosecuted in respect of any offence under section 3 except with 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. 2 ----- **7. Provisions as to Extradition Act.—For the purposes of the Extradition Act, 1962 (34 of 1962),** the offence under section 3 shall not be considered to be an offence of a political character. THE SCHEDULE (See sections 2 and 3) PROVISIONS OF THE INTERNATIONAL CONVENTION ON THE SUPPRESSION AND PUNISHMENT OF THE CRIME OF Apartheid WHICH SHALL HAVE FORCE OF LAW ***** ***** *** * *** _Article II_ For the purpose of the present Convention, the term “the crime of _apartheid”, which shall include_ similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them: (a) Denial to a member or members of a racial group or groups of the right to life and liberty of person: (i) By murder of members of a racial group or groups; (ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment; (iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups; (b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part; - * * * * (e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour; (f) Persecution of organisations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid. _Article III_ International criminal responsibility shall apply, irrespective of the motive involved, to individuals, members of organisations and institutions and representatives of the State, whether residing in the territory of the State in which the acts are perpetrated or in some other State, whenever they: (a) Commit, participate in, directly incite or conspire in the commission of the acts mentioned in article II of the present Convention; (b) Directly abet, encourage or co-operate in the commission of the crime of apartheid. - * * * * 3 -----

24-Dec-1981

50

The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/1516/3/A1981-50.pdf

central

## THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981 ___________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II REGULATION OF EMPLOYMENT OF CINE-WORKERS 3. Prohibition of employment of cine-worker without agreement. 4. Conciliation officers. 5. Duties of conciliation officers. 6. Settlement to be binding and to be enforced by the competent authority. 7. Constitution of Tribunals. 8. Disqualification for the presiding officers of Tribunals. 9. Filling of vacancies. 10. Finality of orders constituting Tribunals, etc. 11. Reference of disputes to Tribunals. 12. Procedure and powers of conciliation officers and Tribunals. 13. Duties of Tribunals. 14. Publication of awards of Tribunals. 15. Revision. 16. Application of Act 19 of 1952 to cine-workers. 17. Penalties. 18. Offences by companies. 19. Cognizance of offences. 20. Magistrate’s power to impose enhanced penalties. 21. Effect of laws and agreements inconsistent with this Chapter. 22. Protection of action taken under this Chapter. 22A. Delegation of powers. 23. Power to make rules. CHAPTER III REGULATION OF EMPLOYMENT OF CINEMA THEATRE WORKERS 24. Application of Act 19 of 1952. 25. Application of Act 39 of 1972. 1 ----- ## THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981 ACT NO. 50 OF 1981 [24th December, 1981.] ## An Act to provide for the regulation of the conditions of employment of certain cine-workers and cinema theatre workers and for matters connected therewith. BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Cine-workers and** Cinema Theatre Workers (Regulation of Employment) Act, 1981. (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 areas. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “cinema theatre” means a place which is licensed under Part III of the Cinematograph Act, 1952 (37 of 1952), or under any other law for the time being in force in a State for the exhibition of a cinematograph film; (b) “cinematograph film” has the same meaning as in the Cinematograph Act, 1952 (37 of 1952); (c) “cine-worker” means an individual— (i) who is employed, directly or through any contractor or other person, in or in connection with the production of a feature film to work as an artiste (including actor, musician or dancer) or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise; and (ii) whose remuneration with respect to such employment in or in connection with the production of such feature film does not exceed, where such remuneration is by way of monthly wages, a sum of one thousand six hundred rupees per month, and where such remuneration is by way of a lump sum, a sum of fifteen thousand rupees; (d) “competent authority” means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act; (e) “contractor” means a person who furnishes or undertakes to furnish cine-workers for being employed in or in connection with the production of a feature film, and includes a sub-contractor or agent; (f) “feature film” means a full length cinematograph film produced wholly or partly in India with a format and a story woven around a number of characters where the plot is revealed mainly through dialogues and not wholly through narration, animation or cartoon depiction, and does not include an advertisement film; 1. 1st October, 1984, vide notification No. G.S.R. 676(E), dated 21st September, 1984, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2 ----- (g) “prescribed” means prescribed by rules made under this Act; (h) “producer”, in relation to a feature film, means the person by whom the arrangements necessary for the making of such film (including the raising of finances and engaging cine-workers for the making of such film) are undertaken; (i) “production”, in relation to a feature film, includes any of the activities in respect of the making thereof; (j) “Tribunal” means a Cine-workers Tribunal constituted under section 7; (k) “wages” means all emoluments which are payable to a worker in accordance with the terms of the contract of employment in cash, but does not include— (i) the cash value of any food concession; (ii) any dearness allowance (that is to say, all cash payments, by whatever name called, paid to a worker on account of a rise in the cost of living or on account of his being required to work in a place other than the place where he is normally residing), house rent allowance, overtime allowance, bonus, commission or any other similar allowance payable to the worker in respect of his employment or of work done in such employment; (iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the worker under any law for the time being in force; (iv) any gratuity payable on the termination of his contract. CHAPTER II REGULATION OF EMPLOYMENT OF CINE-WORKERS **3. Prohibition of employment of cine-worker without agreement.—(1) No person shall be** employed as a cine-worker in or in connection with the production of any feature film unless,— (a) an agreement in writing is entered into with such person by the producer of such film; or, where such person is employed through a contractor or other person, by the producer of such film and such contractor or other person; and (b) such agreement is registered with the competent authority by the producer of such film. (2) Every agreement, referred to in sub-section (1) shall,— (a) be in the prescribed form; (b) specify the name of and such other particulars as may be prescribed with respect to, the person to whose employment it relates (hereafter in this sub-section referred to as the employee); (c) specify the nature of assignment of the employee, his hours of work, the wages and other benefits (including benefits by way of provident fund, if any), to which he is entitled; the mode of payment of such wages and contributions to such provident fund and all other terms and conditions of employment; (d) include, where such employee is employed through a contractor or other person, a specific condition to the effect that in the event of the contractor or other person failing to discharge his obligations under the agreement to the employee with respect to payment of wages or any other matter, the producer of the film concerned shall be liable to discharge such obligations and shall be entitled to be reimbursed with respect thereto by the contractor or other person. (3) A copy of the agreement referred to in sub-section (1) with respect to the employment of any person as a cine-worker shall, if such person is entitled to the benefits of provident fund under section 16, also be forwarded by the producer of the film to the Regional Provident Fund Commissioner concerned under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952). 3 ----- **4. Conciliation officers.—The Central Government may, by notification in the Official Gazette,** appoint such number of persons as it thinks fit to be conciliation officers charged with the duty of mediating and promoting the settlement of any dispute (hereinafter referred to as the dispute) between a cine-worker and the producer of the film in, or in connection with, which he has been employed or the contractor or other person through whom he has been so employed, with respect to the terms and conditions or termination, of employment of such cine-worker. **5. Duties of conciliation officers.—(1) Where any dispute exists or is apprehended, the** conciliation officer may hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the conciliation officer shall send a report thereof to the Central Government together with a memorandum of the settlement signed by the parties to the dispute. (4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable, after the close of the investigation, send to the Central Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances and the reasons on account of which, in his opinion, a settlement could not be arrived at. (5) If, on a consideration of the report referred to in sub-section (4), the Central Government is satisfied that there is a case for reference to a Tribunal, it may make such reference under section 11 and where that Government does not make such a reference, it shall record and communicate to the parties concerned its reasons therefor. (6) A report under this section shall be submitted within three months of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the Central Government: Provided that, subject to the approval of the conciliation officer, the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute. **6. Settlement to be binding and to be enforced by the competent authority.—Every** settlement arrived at in the course of a concilation proceeding under this Chapter shall be binding on all the parties to the dispute and shall not be called in question in any court and it shall be the duty of the competent authority to enforce the terms of the said settlement. **7. Constitution of Tribunals.—(1) The Central Government may, by notification in the Official** Gazette, constitute one or more Tribunals, to be called the Cine-workers Tribunals, with headquarters at such place as may be specified in the notification, for the adjudication of disputes relating to any matter specified in any agreement of the nature referred to in section 3. (2) A Tribunal shall consist of one person only to be appointed by the Central Government. (3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless— (a) he is, or has been, or is qualified to be, a Judge of a High Court; or (b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or (c) he has held the office of the presiding officer of an Industrial Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947), for a period of not less than two years. (4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advice the Tribunal in any proceedings before it. 4 ----- **8. Disqualification for the presiding officers of Tribunals.—No person shall be appointed to, or** continue in, the office of the presiding officer of a Tribunal, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years. **9. Filling of vacancies.—If, for any reason, a vacancy (other than a temporary absence) occurs in** the office of the presiding officer of a Tribunal, the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the Tribunal from the stage at which the vacancy is filled. **10. Finality of orders constituting Tribunals, etc.—(1) No order of the Central Government** appointing any person as the presiding officer of a Tribunal shall be called in question in any manner; and no act or proceeding before any Tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of such Tribunal. (2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6) of section 5. **11. Reference of disputes to Tribunals.—(1) Where, on a consideration of the report referred to** in sub-section (4) of section 5, the Central Government is satisfied that it is necessary so to do, it may, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, to a Tribunal for adjudication. (2) Where in an order referred to in sub-section (1) or in a subsequent order, the Central Government has specified the points of dispute for adjudication, the Tribunal shall confine its adjudication to those points and matters incidental thereto. **12. Procedure and powers of conciliation officers and Tribunals.—(1) Subject to any rules** that may be made in this behalf, a conciliation officer or a Tribunal shall follow such procedure as the officer or Tribunal may think fit. (2) A conciliation officer or a Tribunal may, for the purpose of inquiry into any existing or apprehended dispute, after giving reasonable notice, enter any premises in the occupation of any party to the dispute. (3) Every Tribunal shall 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) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses; and (d) in respect of such other matters as may be prescribed; and every inquiry or investigation by a Tribunal 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 Tribunal 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). (4) A conciliation officer may call for and inspect any document which he has ground for considering to be relevant to the dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Chapter, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of compelling the production of documents. (5) A Tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or assessors to advise it in the proceeding before it. 5 ----- (6) A Tribunal may grant to any party to any proceeding before it, such interim or other reliefs (whether subject to any conditions or not), including stay of any order, issue of any injunction or direction in regard to payment of wages or other amounts payable under the agreement referred to in section 3, setting aside any unilateral termination of contract or the dismissal of a worker or reinstating a worker, as it deems just and proper in the circumstances of the case: Provided that the Tribunal shall not grant any such interim relief unless all the parties to the proceeding have been served with a notice on the application for such interim relief and have been given a reasonable opportunity of being heard: Provided further that the Tribunal may, having regard to the nature of the interim relief sought and the circumstances of the case, pass appropriate orders granting such interim relief as it deems just and proper in the circumstances of the case before the notice referred to in the preceding proviso is served on the parties to the proceeding: Provided also that where the Tribunal makes any order under the proviso immediately preceding, it shall record the reasons for making the order before complying with the requirements specified in the first proviso. (7) Subject to any rules that may be made in this behalf, the awarding of damages in, and the costs of, and incidental to, any proceeding before a Tribunal shall be in the discretion of that Tribunal and the Tribunal shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such damages or costs are to be paid, and to give all necessary directions for the purposes aforesaid and such damages or costs may, on an application made to the Central Government by the person entitled, be directed to be recovered by that Government in the same manner as an arrear of land revenue. **13. Duties of Tribunals.—Where a dispute has been referred to a Tribunal for adjudication, it** shall hold its proceedings expeditiously and shall submit its award to the Central Government ordinarily within a period of three months from the date on which such industrial dispute is referred to it: Provided that in computing the period of three months under this section, the period for which the proceedings before the Tribunal have been stayed by any injunction or order shall be excluded. **14. Publication of awards of Tribunals.—(1) Every award of a Tribunal shall, within a period of** thirty days from the date of its receipt by the Central Government, be published in such manner as that Government thinks fit. (2) Subject to the provisions of section 15, the award shall be final and binding on all the parties to the dispute and shall not be called in question in any Court in any manner whatsoever. (3) The award of a Tribunal shall be executed in the same manner as if it were a decree of a Civil Court. **15. Revision.—(1) The High Court may, on the application of any person aggrieved by the award** of a Tribunal, call for and examine the record of the Tribunal, to satisfy itself as to the regularity of the proceeding before such Tribunal or the correctness, legality or propriety of any award passed therein and if, in any case, it appears to the High Court that any such award should be modified, annulled or reversed, it may pass such orders accordingly: Provided that where the presiding officer of the Tribunal is a Judge of a High Court, such application shall be heard and disposed of by not less than two Judges of the High Court: Provided further that where the award of the Tribunal provides for the payment by the producer of any film or, as the case may be, the contractor or other person of any amount either by way of compensation to the cine-worker or by way of damages, no such application by the producer, contractor or other person shall be entertained by the High Court unless the applicant deposits with the High Court or with such other authority as may be prescribed the amount ordered to be paid: Provided also that where, in any particular case, the High Court is of opinion that the deposit of any amount ordered to be paid would cause undue hardship to the applicant, the High Court may 6 ----- dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the interests of the cine-worker concerned. (2) Every application to the High Court under sub-section (1) shall be preferred within ninety days from the date on which the award was passed by the Tribunal: Provided that the High Court may, in its discretion, allow further time not exceeding one month for the filing of any such application, if it is satisfied that the applicant had sufficient cause for not preferring the application within the time specified in this sub-section. (3) In this section, “High Court” means the High Court within the local limits of whose jurisdiction, the headquarters of the Tribunal is situated. **16. Application of Act 19 of 1952 to cine-workers.—The Employees’ Provident Funds and** Miscellaneous Provisions Act, 1952, as in force for the time being, shall apply to every cine-worker who has worked in not less than three feature films with one or more producers, as if such cine-worker were an employee within the meaning of that Act. **17. Penalties.—(1) Whoever contravenes the provisions of section 3 shall be punishable with fine** which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees: Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees. (2) Where any person convicted of an offence under sub-section (1) is again convicted of an offence under the same provision, he shall be punishable with fine which shall not be less than twenty thousand rupees but which may extend to one lakh rupees: Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than twenty thousand rupees. **18. 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. **19. Cognizance of offences.—No court shall take cognizance of any offence under this Act** except on a complaint made by, or with the permission in writing of, the Central Government or an officer empowered by it in this behalf and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence punishable under this Act. **20. Magistrate’s power to impose enhanced penalties.—Notwithstanding anything contained in** section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or any Judicial Magistrate of the first class to pass any sentence authorised by this Act. 7 ----- **21. Effect of laws and agreements inconsistent with this Chapter.—The provisions of this** Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any agreement or contract of service. **22. Protection of action taken under this Chapter.—(1) No suit, prosecution or other legal** proceedings shall lie against any competent authority, conciliation officer, or any other employee of the Central Government or the presiding officer of a Tribunal, 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 Central 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. 1[22A. Delegation of powers.—The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder (other than the powers conferred by this section and section 23) shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by the State Government or by such officer or authority subordinate to the State Government as may be specified in the notification.] **23. Power to make rules.—(1) The Central Government may, by notification in the Official** Gazette, make rules for carrying out the provisions of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form in which an agreement may be entered into by a producer with a cine-worker under section 3 and the other conditions of employment; (b) the manner in which proceedings may be held by a conciliation officer under sub-section (1) of section 5; (c) the procedure to be followed by a conciliation officer or Tribunal under section 12; (d) the matters referred to in clause (d) of sub-section (3) of section 12; (e) the damages or costs that may be awarded by a Tribunal under sub-section (7) of section 12; (f) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, 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. CHAPTER III REGULATION OF EMPLOYMENT OF CINEMA THEATRE WORKERS **24. Application of Act 19 of 1952.—The provisions of the Employees’ Provident Funds and** Miscellaneous Provisions Act, 1952, as in force for the time being, shall apply to every cinema theatre in which five or more workers are employed on any day, as if such cinema theatre were an establishment to which the aforesaid Act had been applied by a notification of the Central Government under the proviso to sub-section (3) of section 1 thereof, and as if each such worker were an employee within the meaning of that Act. 1. Ins. by Act 35 of 1988, s. 2 (w.e.f. 12-4-1988). 8 ----- **25. Application of Act 39 of 1972.—The provisions of the Payment of Gratuity Act, 1972, as in** force for the time being, shall apply to or in relation to, every worker employed in a cinema theatre in which five or more workers are employed or were employed on any day of the preceding twelve months, as they apply to, or in relation to, employees within the meaning of that Act. 9 -----

30-Dec-1981

61

The National Bank for Agriculture and Rural Development Act, 1981

https://www.indiacode.nic.in/bitstream/123456789/1670/5/A1981-61.pdf

central

# THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT ACT, 1981 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT AND CAPITAL THEREOF 3. Establishment and incorporation of National Bank for Agriculture and Rural Development. 4. Capital. CHAPTER III MANAGEMENT OF THE NATIONAL BANK 5. Management. 6. Board of Directors. 7. Term of office of Chairman and other directors, retirement and payment of fees. 8. Term of office of Managing Director and whole-time directors, conditions of service, etc. 9. Disqualifications. 10. Vacation and resignation of office by directors. 11. Casual vacancy in the office of Managing Director. 12. Meetings of Board. 13. Committees of National Bank. 14. Advisory Council. 15. Member of Board or Committee thereof not to participate in meetings in certain cases. CHAPTER IV TRANSFER OF BUSINESS TO THE NATIONAL BANK 16. Transfer of assets and liabilities of Agricultural Refinance and Development Corporation. 17. Dissolution of the Corporation and repeal of Act 10 of 1963. 18. Transfer of business from Reserve Bank. CHAPTER V BORROWINGS BY THE NATIONAL BANK 19. Borrowings by the National Bank. 20. Borrowings in foreign currency. 1 ----- CHAPTER VI CREDIT FUNCTIONS OF THE NATIONAL BANK SECTIONS 21. Production and marketing credit 22. Conversion loan for production credit. 23. Rescheduling of loans to artisans, small-scale industries, etc. 24. Investment credit—medium term. 25. Other investment credit. 26. Purchase and sale of shares. 27. Loans to State Governments for share capital contribution. 27A. Loans to State Government, undertakings, etc. 28. Security for credit. 29. Amounts and securities to be held in trust. 30. Direct loans. 30A. Bills rediscounting. 31. Commission. 32. Issue of guarantees. 33. Power to impose conditions for accommodation. 34. Power to call for repayment before agreed period. 35. National Bank to have access to records. 36. Validity of loan or advance not to be questioned. 37. National Bank not to grant loans or advances against its own bonds or debentures. 37A. Prohibited business. CHAPTER VII OTHER FUNCTIONS OF THE NATIONAL BANK 38. Other functions of National Bank. 38A. Promotion of subsidiaries. 38B. Securitisation of debt. 38C. Exemption from compulsory registration. 39. Incidental powers. 40. Deposits and investments. 41. Credit information. CHAPTER VIII FUNDS, ACCOUNTS AND AUDIT 42. National Rural Credit (Long Term Operations) Fund. 43. National Rural Credit (Stabilisation) Fund. 44. Research and Development Fund. 45. Reserve Fund and other Funds. 46. Preparation of balance-sheet, etc., of National Bank. 47. Disposal of surplus. 48. Audit. 49. Returns. 2 ----- SECTIONS 50. Staff of National Bank. 51. Obligation as to fidelity and secrecy. CHAPTER IX STAFF CHAPTER X MISCELLANEOUS 52. Defects in appointment not to invalidate acts, etc. 52A. Agreement with National Bank on appointment of directors to prevail. 53. Protection of action taken under the Act. 54. Indemnity of directors. _55._ [Omitted]. 56. Penalties. 57. Offences by companies. 58. Bankers’ Books Evidence Act, 1891, to apply in relation to National Bank. 59. Liquidation of National Bank. 60. Power of Board to make regulations. _61._ [Repealed]. 62. Power to remove difficulty. THE FIRST SCHEDULE. THE SECOND SCHEDULE [Repealed]. 3 ----- # THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT ACT, 1981 ACT NO. 61 OF 1981 [30th December, 1981.] 1[An Act to establish a development bank to be known as the National Bank for Agriculture and Rural Development for providing and regulating credit and other facilities for the promotion and development of agriculture, [2][micro-enterprises, small enterprises and medium enterprises, cottage and village industries, handlooms] handicrafts and other rural crafts and other allied economic activities in rural areas with a view to promoting integrated rural development and securing prosperity of rural areas and for matters connected therewith or incidental thereto.] BE it enacted by Parliament in the Thirty-second 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 Bank for** Agriculture and Rural Development Act, 1981. (2) It extends to the whole of India. (3) It shall come into force on such date[3 ] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act, and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2.** **Definitions.—In this Act, unless the context otherwise requires,—** (a) “agriculture” includes horticulture, animal husbandry, forestry, dairy and poultry farming, pisciculture, and other allied activities, whether or not undertaken jointly with agriculture and the expression “agricultural operations” shall be construed accordingly. _Explanation.—For the purposes of this clause, “pisciculture” includes the development of_ fisheries, both inland and marine, catching of fish and all activities connected therewith or incidental thereto; (b) “Agricultural Refinance and Development Corporation” means the Corporation established under section 3 of the Agricultural Refinance and Development Corporation Act, 1963 (10 of 1963), and renamed under section 3A of that Act as the Agricultural Refinance and Development Corporation; (c) “Board” means the Board of Directors of the National Bank; (d) “central co-operative bank” means the principal co-operative society in a district in a State, the primary object of which is the financing of other co-operative societies in that district: Provided that in addition to such principal society in a district, or where there is no such principal society in a district, the State Government may declare any one or more co-operative societies carrying on the business of financing other co-operative societies in that district to be also or to be a central co-operative bank or central co-operative banks within the meaning of this definition; (e) “Chairman” means the Chairman [4]*** appointed under section 6; 1. Subs. by Act 55 of 2000, s. 2, for the long title (w.e.f. 1-2-2001). 2. Subs. by Act 7 of 2018, s. 2, for “small-scale industries, cottage and village industries” (w.e.f. 15-3-2018). 3. 1st May, 1982, vide notification No. S.O. 278(E), dated 21st April, 1982 (except sections 3, 16 and 18), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 12th July, 1982, vide notification No. S.O. 484(E), dated 6th July, 1982 (in respect sections 3, 16 and 18), see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. The words “of the Board” omitted by Act 55 of 2000, s. 3 (w.e.f. 1-2-2001). 4 ----- (f) “co-operative society” means a society registered, or deemed to be registered, under the Co operative Societies Act, 1912 (2 of 1912) or any other law relating to co-operative societies for the time being in force in any State; (g) “crops” includes products of agricultural operations; (h) “director” means a director appointed under section 6; 1* - - - (j) “Managing Director” means the Managing Director appointed under section 6; (k) “marketing of crops” includes the processing of crops prior to marketing by any agricultural producers or any organisation of such producers; 2[(ka) “micro enterprise”, “small enterprise” and “medium enterprise”, shall have the same meanings as are respectively assigned to them in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006)]; (l) “National Bank” means the National Bank for Agriculture and Rural Development established under section 3; (m) “notification” means a notification published in the Official Gazette; (n) “primary rural credit society” means a co-operative society, by whatever name called,— (1) which has as its object or business the provision of financial accommodation to its members for agriculture or agricultural operations or for the marketing of crops, or for rural development; and (2) the bye-laws of which do not permit admission of any other co-operative society as member: Provided that this sub-clause shall not apply to the admission, as a member, of a co-operative society, which is a State co-operative bank or a central co-operative bank by reason of such bank subscribing to the share capital of the co-operative society out of funds provided by the State Government for the purpose; (o) “prescribed” means prescribed by regulations made under this Act; (p) “regional rural bank” means a regional rural bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976); (q) “rural development” means development of rural areas through any activities conducive to such development. _Explanation.—For the purposes of this clause,—_ (a) activities conducive to development of rural areas include activities relating to production of goods or provision of services in rural areas and activities for the promotion of cottage and village industries, [3][micro-enterprises, small enterprises and medium enterprises, handicrafts, handlooms] and other rural crafts; (b) “rural area” means the area comprised in any village and includes the area comprised in any town, the population of which does not exceed ten thousand or such other figure as the Reserve Bank may specify from time to time; (r) “Reserve Bank” means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); 1. Clause (i) omitted by Act 7 of 2018, s. 3 (w.e.f. 15-3-2018). 2. Ins. by s. 3, ibid. (w.e.f. 15-3-2018). 3. Subs. by s. 3, ibid., for “industry in the tiny and decentralised sector and small-scale industry and handicrafts” (w.e.f. 15-3-2018). 5 ----- (s) “scheduled bank” means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934); 1* - - - (u) “State co-operative bank” means the principal co- operative society in a State, the primary object of which is the financing of other co-operative societies in the State: Provided that in addition to such principal society in a State, or where there is no such principal society in a State, the State Government may declare any one or more co-operative societies carrying on business in that State to be also or to be a State co-operative bank or State co-operative banks within the meaning of this definition; (v) “State land development bank” means the co-operative society which is the principal land development bank (by whatever name called) in a State and which has as its primary object the providing of long-term finance for agricultural development: Provided that, in addition to such principal land development bank in a State, or where there is no such bank in a State, the State Government may declare any co-operative society carrying on business in that State and authorised by the bye-laws of such co-operative society to provide long-term finance for agricultural development to be also or to be a State land development bank within the meaning of this definition; (w) 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; (x) 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. CHAPTER II ESTABLISHMENT OF THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT AND CAPITAL THEREOF **3.** **Establishment and incorporation of National Bank for Agriculture and Rural** **Development.—(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 bank to be known as the National Bank for Agriculture and Rural Development. (2) The Bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may by that name sue and be sued. (3) The head office of the National Bank shall be at [2][Mumbai] or at such other place as the Central Government may, by notification, specify. (4) The National Bank may establish offices, branches or agencies at any place in India, and with the previous approval of the Central Government and in consultation with the Reserve Bank, at any place outside India. **4.** **Capital.—(1) The capital of the National Bank shall be one hundred crores of rupees:** 3[Provided that the Central Government may, by notification, increase the said capital up to thirty thousand crore rupees: Provided further that the Central Government may, in consultation with the Reserve Bank and by notification, further increase the said capital to such amount as it may deem necessary from time to time]. 1. Clause (t) omitted by Act 7 of 2018, s. 3 (w.e.f. 15-3-2018). 2. Subs. by s. 4, ibid., for “Bombay” (w.e.f. 15-3-2018). 3. The proviso subs. by s. 5, ibid. (w.e.f. 15-3-2018). 6 ----- 1[(2) The capital of the National Bank which has been subscribed to by the Reserve Bank valued at twenty crore rupees as on the date immediately preceding the commencement of the National Bank for Agriculture and Rural Development (Amendment) Act, 2018 shall, on such commencement, stand transferred to, and vested in, the Central Government: Provided that the National Bank may issue capital to such institutions and persons in such manner as may be notified by the Central Government: Provided further that the shareholding of the Central Government shall not at any time be less than fifty-one per cent. of the total subscribed capital. (3) The Central Government shall give to the Reserve Bank an amount equal to the face value of the subscribed capital, valued at twenty crores of rupees, referred to in sub-section (2), in cash, for transfer to, and vesting in the Central Government of the capital of the National Bank which has been so subscribed to by the said Bank.] CHAPTER III MANAGEMENT OF THE NATIONAL BANK **5.** **Management.—(1) The general superintendence, direction and management of the affairs and** business of the National Bank shall vest in a Board of Directors, which shall exercise all powers and do all acts and things which may be exercised or done by the National Bank. (2) Subject to the provisions of this Act, the Board in discharging its functions, shall act on business principles with due regard to public interest. (3) Subject to the provisions of sub-section (1) and save as otherwise provided in the regulations made under this Act, the Managing Director shall also have powers of general superintendence, direction and management of the affairs and business of the National Bank and may also exercise all powers and do all acts and things which may be exercised or done by the National Bank: 2[Provided that during the period of any casual vacancy of the nature referred to in section 11 in the office of the Managing Director, the Chairman may also exercise the powers and discharge the functions of the Managing Director until the person appointed by the Central Government under section 11 to act as Managing Director enters upon his office.] (4) Any whole-time director appointed under sub-section (3) of section 6 shall assist the Managing Director in the discharge of his functions under sub-section (3) and perform such duties as the Board may entrust or delegate to him. (5) In the discharge of his powers and functions under sub-section (3), the Managing Director shall follow such directions as the Chairman may give. (6) In the discharge of its functions under this Act, the National Bank shall be guided by such directions in matters of policy involving public interest as the Central Government, in consultation with the Reserve Bank, or the Reserve Bank, may give in writing. **6.** **Board of Directors.—[3][(1)The Board of Directors of the National Bank shall consist of the** following, namely:— (a) a Chairman; (b) three directors from amongst experts in rural economics, rural development, village and cottage industries, [4][micro-enterprises, small enterprises and medium enterprises] or persons having experience in the working of co-operative banks, regional rural banks or commercial banks or any other matter the special knowledge or professional experience in which is considered by the Central 1. Subs by Act 7 of 2018, s. 5, for sub-section (2) (w.e.f. 15-3-2018). 2. Ins. by Act 66 of 1988, s. 43 (w.e.f. 30-12-1988). 3. Subs. by Act 55 of 2000, s. 5, for sub-sections (1) and (2) (w.e.f. 1-2-2001). 4. Subs. by Act 7 of 2018, s. 6, for “small-scale industries” (w.e.f. 15-3-2018). 7 ----- Government as useful to the National Bank; (c) three directors from out of the directors of the Reserve Bank; (d) three directors from amongst the officials of the Central Government; (e) four directors from amongst the officials of the State Governments; (f) such number of directors elected in the prescribed manner, by shareholders other than the Reserve Bank, the Central Government and other institutions owned or controlled by the Central Government whose names are entered on the register of shareholders of the National Bank ninety days before the date of the meeting in which such election takes place on the following basis, namely:— (i) where the total amount of equity………………………………. share capital issued to such shareholders is ten per cent. or less of the total issued equity capital (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 (iii) where the total equity share capital…………………………... issued to such shareholders is twenty-five per cent. or more of the total issued equity capital: two directors; three directors; and four directors: Provided that until the assumption of charge by the elected directors under this clause, the Central Government may at any time nominate such number of directors not exceeding four from amongst persons having special knowledge of, and professional experience in, agricultural science, technology, economics, banking, co-operatives, law, rural finance, investment, accountancy, marketing or any other matter, the special knowledge of, and professional experience in, which would, in the opinion of the Central Government, be useful to the National Bank for carrying out its functions; and (g) a Managing Director. (2) The Chairman and other directors, excluding the directors referred to in clause (f), shall be appointed by the Central Government in consultation with the Reserve Bank: Provided that no such consultation shall be necessary in the case of directors appointed under clause (d) of sub-section (1). (3) Where the Central Government is satisfied, in consultation with the Reserve Bank, [1]*** that it is necessary so to do, it may appoint one or more whole-time directors with such designations as may be deemed appropriate by that Government and any whole-time director so appointed shall also be a member of the Board: 2* - - - **7. Term of office of Chairman and other directors, retirement and payment of fees.—(1) The** Chairman shall hold office for such term not exceeding five years and shall receive such salary and allowances as the Central Government may, at the time of appointment, specify [3][and shall be eligible for reappointment]: 4* - - - 1. The words “and the Board” omitted by Act 81 of 1985, s. 17(w.e.f. 1-5-1986). 2. The proviso omitted by s. 17, ibid. (w.e.f. 1-5-1986). 3. Ins. by Act 55 of 2000, s. 6 (w.e.f. 1-2-2001). 4. The proviso omitted by Act 81 of 1985, s.18 (w.e.f. 1-5-1986). 8 ----- 1[(1A) Notwithstanding anything contained in sub-section (1), the Central Government shall have the right to terminate the term of office of the Chairman at any time before the expiry of the term specified under that sub-section by giving him a notice of not less than three months in writing or three months’ salary and allowances in lieu of such notice.] 2[(1B) In the case of a vacancy in the office of the Chairman, the Managing Director shall perform the functions and duties of the Chairman during such vacancy.] 3[(2) Subject to the provisions contained in sub-section (5), a director appointed under clause (b) or clause (c) of sub-section (1) of section 6, shall hold office for such term, not exceeding three years, as the Central Government may specify in this behalf [4]***, and shall be eligible for reappointment: Provided that no such director shall hold office continuously for a period exceeding six years.] (3) The Central Government may, in consultation with the Reserve Bank, remove the Chairman [5]*** at any time before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the proposed removal. 6[(4) The Chairman and any other director, who is not an officer of the Central Government or a State State Government or an officer of the Reserve Bank or any body or corporation established by or under any Central Act or any State Act and owned or controlled by such Government, shall be paid such fees and allowances as may be prescribed for attending the meetings of the Board or of any of its committees and for attending to any other work of the National Bank.] 7[(5) The directors appointed under clauses (b) to (f) of sub-section (1) of section 6 shall hold office during the pleasure of the Central Government.] **8.** **Term of office of Managing Director and whole-time directors, conditions of service, etc.—(1)** The Managing Director and any whole-time director appointed under sub-section (3) of section 6 shall,— (a) hold office for such term not exceeding five years as the Central Government may, at the time of appointment, specify [8][and shall be eligible for reappointment]; (b) receive such salary and allowances and be governed by such terms and conditions of service as the Board may, with the previous approval of the Central Government and in consultation with the Reserve Bank, determine: Provided that the Managing Director and any such whole-time director appointed to the first Board shall receive such salary and allowances and be governed by such terms and conditions of service as the Central Government may, in consultation with the Reserve Bank, determine. (2) The Central Government may, in consultation with the Reserve Bank, remove the Managing Director or any whole-time director appointed under sub-section (3) of section 6 at any time before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the proposed removal. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Central Government shall have the right to terminate the term of office of the Managing Director or of any whole-time director appointed under sub-section (3) of section 6 at any time before the expiry of the term fixed under subsection (1) by giving him notice of not less than three months in writing or three months’ salary and allowances in lieu of such notice: 1. Ins. by Act 81 of 1985, s. 18 (1-5-1986). 2. Ins. by Act 55 of 2000, s. 6 (w.e.f. 1-2-2001). 3. Subs. by Act 66 of 1988, s. 45, for sub-section (2) (w.e.f. 30-12-1988). 4. The words “and thereafter until his successor enters upon his office” omitted by Act 55 of 2000, s. 6 (w.e.f. 1-2-2001). 5. The words, brackets and figure “or any other director referred to in sub-section (2)” omitted by Act 66 of 1988, s. 45 (w.e.f. 30-12-1988). 6. Subs. by Act 55 of 2000, s. 6, for sub-section (4) (w.e.f. 1-2-2001). 7. Ins. by Act 66 of 1988, s. 45 (w.e.f. 30-12-1988). 8. Ins. by Act 55 of 2000, s. 7 (w.e.f. 1-2-2001). 9 ----- Provided that the Central Government shall, before terminating the term of office of the Managing Director or any whole-time director appointed under sub-section (3) of section 6, consult the Reserve Bank. **9.** **Disqualifications.—(1) No person shall be a director who—** (a) is of unsound mind and stands so declared by a competent court; or (b) is or has been convicted of any offence which, in the opinion of the Central Government, involves moral turpitude; or (c) is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors. (2) The appointment as director of any person who is a Member of Parliament or the Legislature of any State shall, unless within two months of the date of his appointment he ceases to be such member, be void on the expiry of the said period of two months and if any director is elected or nominated as a Member of Parliament or of any State Legislature he shall cease to be a director as from the date of such election or nomination, as the case may be. **10.** **Vacation and resignation of office by directors.—(1) If a director—** (a) becomes subject to any of the disqualifications mentioned in section 9; or (b) is absent without leave of the Board for more than three consecutive meetings thereof, his seat shall thereupon become vacant. (2) Any director may resign his office by giving notice thereof in writing to the Central Government, and on his resignation being accepted by the Central Government or if his resignation is not sooner accepted, on the expiry of three months from the receipt thereof by the Central Government, he shall be deemed to have vacated his office. **11.** **Casual vacancy in the office of Managing Director.—If the Managing Director is by infirmity** or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise, in circumstances not involving the vacation of his appointment, the Central Government may, after consultation with the Reserve Bank and the Board, appoint another person to act in his place as Managing Director during his absence. **12.** **Meetings of Board.—(1) The Board shall meet at such times and places and shall observe such** rules of procedure in regard to the transaction of business at its meetings as may be prescribed. (2) The Chairman of the Board, or, if for any reason he is unable to attend any meeting, [1][the Managing Director and in the absence of both, the Chairman and the Managing Director] any other director nominated by the Chairman in this behalf, and in the absence of such nomination, any other director elected by the directors present at the meeting, shall preside at the meeting of the Board. (3) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the Chairman, or, in his absence, the person presiding, shall have a second or casting vote. **13.** **Committees of National Bank.—(1) The Board may constitute an Executive Committee** consisting of such number of directors as may be prescribed. (2) The Executive Committee shall discharge such functions as may be prescribed or may be delegated to it by the Board. (3) The Board may constitute such other committees, whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons as it thinks fit and for such purposes as it may decide and every committee so constituted shall discharge such functions as may be delegated to it by the Board. 1. Ins. by Act 55 of 2000, s. 8 (w.e.f. 1-2-2001). 10 ----- (4) The Executive Committee 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. (5) The times and places at which any committee constituted under sub-section (3) shall meet, the rules of procedure which such committee shall observe in regard to the transaction of business at its meetings, and the fees and allowances which may be paid to the members of such committee for attending the meetings of the committee and for attending to any other work of the National Bank shall be such as may be specified by that Bank. **14.** **Advisory Council.—(1)** [1][The Board may] constitute an Advisory Council consisting of such number of directors and such other persons who, in the opinion of the Board, have special knowledge of agriculture, agricultural credit, co-operation and rural economics, [2][micro-enterprises, small enterprises and medium enterprises,] village and cottage industries and handicrafts and other rural crafts or have special knowledge and appreciation of the country's overall developmental policies and in particular overall monetary and credit policies, which is considered by the Board as useful to the National Bank. (2) The Advisory Council shall advise the National Bank in such matters as may be referred to the Advisory Council by the National Bank and may discharge such other functions as may be entrusted or delegated to the Advisory Council by the National Bank. (3) A member of the Advisory Council shall hold office for such term not exceeding five years as the National Bank may fix, and receive such fees and allowances as may be prescribed for attending the meetings of the Advisory Council and for attending to any other work of the National Bank. (4) The Advisory Council shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed. **15.** **Member of Board or Committee thereof not to participate in meetings in certain cases.—A** director of the Board or a member of a Committee, who has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board or a Committee thereof, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting, and the disclosure shall be recorded in the minutes of the Board, or the Committee, as the case may be, and the director or member shall not take any part in any deliberation or decision of the Board or the Committee with respect to that matter. CHAPTER IV TRANSFER OF BUSINESS TO THE NATIONAL BANK **16.** **Transfer of assets and liabilities of Agricultural Refinance and Development Corporation.—** (1) On such date as the Central Government, in consultation with the Reserve Bank may, by notification, appoint, the entire undertaking of the Agricultural Refinance and Development Corporation (hereafter in this Chapter referred to as the “Corporation”) including all business, property, assets and liabilities, rights, interests, privileges and obligations of whatever nature, shall stand transferred to and vest in the National Bank. (2) As compensation for the transfer of the undertaking of the Corporation to the National Bank under sub-section (1), the National Bank shall within six months from the date appointed under that sub-section (hereafter in this section referred to as the appointed date) pay to the shareholders of the Corporation a sum equal to the total paid-up capital of the Corporation as on the date immediately preceding the appointed date. (3) The amount of compensation payable under sub-section (2) to the shareholders of the Corporation shall be apportioned among the shareholders in proportion to their contributions to the paid-up capital of the Corporation as on the date immediately preceding the appointed date. _Explanation.—For the purposes of this sub-section, “shareholders of the Corporation” means_ shareholders of the Corporation whose names appear on the register of shareholders maintained under 1. Subs. by 55 of 2000, s. 9, for “The Board shall” (w.e.f. 1-2-2001). 2. Subs. by Act 7 of 2018, s. 7, for “small-scale industries” (w.e.f. 15-3-2018). 11 ----- section 8 of the Agricultural Refinance and Development Corporation Act, 1963 (10 of 1963), on the date immediately preceding the appointed date. (4) The National Bank shall also pay to the shareholders of the Corporation referred to in sub-section (2) an amount calculated at the rate at which the shares of the Corporation were guaranteed as to the payment of minimum divided under section 6 of the Agricultural Refinance and Development Corporation Act, 1963 (10 of 1963), for the period, if any, that has expired in the accounting year of the Corporation before the appointed date and this amount the National Bank shall distribute to the shareholders of the Corporation referred to in sub-section (2) in proportion to the shares held by such shareholders on the date immediately preceding the appointed date and at the rate at which such shares were guaranteed as to the payment of minimum dividend. (5) 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 date and to which the Corporation is a party, or which are in favour of the Corporation, shall be of as full force and effect against or in favour of the National Bank, as the case may be, and may be enforced or acted upon as fully and effectually as if instead of the Corporation the National Bank had been a party thereto, or as if they had been in favour of the National Bank. (6) If, immediately before the appointed date, any suit, appeal or other legal proceeding of whatever nature, is pending, by or against the Corporation, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the National Bank of the undertaking of the Corporation, 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 Bank. **17.** **Dissolution of the Corporation and repeal of Act 10 of 1963.—On the date appointed under** sub-section (1) of section 16,— (a) the Corporation shall stand dissolved; and (b) the Agricultural Refinance and Development Corporation Act, 1963, shall stand repealed. **18.** **Transfer of business from Reserve Bank.—(1) On such date as the Central Government may, in** consultation with the Reserve Bank, by notification, appoint, the assets and liabilities with the Reserve Bank relating to— (a) the National Agricultural Credit (Long Term Operations) Fund established and maintained under section 46A of the Reserve Bank of India Act, 1934 (2 of 1934); and (b) the National Agricultural Credit (Stabilisation) Fund established and maintained under section 46B of the Reserve Bank of India Act, 1934 (2 of 1934), shall stand transferred to the National Bank and form part of the National Rural Credit (Long Term Operations) Fund referred to in section 42 and the National Rural Credit (Stabilisation) Fund referred to in section 43, respectively. (2) With effect from such date as the Central Government may, in consultation with the Reserve Bank, by notification, appoint, the loans and advances which the Reserve Bank has granted to State cooperative banks and regional rural banks under section 17 [except sub-clause (a) of clause (4)] of the Reserve Bank of India Act, 1934 (2 of 1934), and which the Reserve Bank may specify by a general or special order, shall, as far as may be, become and be deemed to be loans and advances granted by the National Bank under section 21, and the National Bank shall repay to the Reserve Bank, the amount of such loans and advances on such terms and conditions as the Central Government may specify, in consultation with the Reserve Bank. (3) All rights, liabilities, interests, privileges and obligations of whatever nature (including the rights and obligations arising by way of purchase, sale and rediscount of any bills of exchange and promissory notes) of the Reserve Bank in relation to any asset or liability referred to in sub-section (1) or any loan or advance referred to in sub-section (2) shall stand transferred to and vest in the National Bank on the date on which such asset or liability stands transferred to the National Bank under sub-section (1) or, as the 12 ----- case may be, such loan or advance becomes under sub-section (2) a loan or advance granted by the National Bank. (4) All contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature relating to any asset or liability referred to in sub-section (1) and subsisting or having effect immediately before the date appointed under that sub-section or relating to any loan or advance referred to in sub-section (2) and subsisting or having effect immediately before the date appointed under that sub-section shall be of as full force and effect against, or in favour of, the National Bank, as the case may be, and may be enforced or acted upon as fully and effectually as if instead of the Reserve Bank, the National Bank had been a party thereto, or as if they had been in favour of the National Bank. (5) If, immediately before the date appointed under sub-section (1) or sub-section (2), as the case may be, any suit, appeal or other legal proceedings of whatever nature relating to any asset or liability referred to in sub-section (1) or any loan or advance referred to in sub-section (2) is pending, by or against the Reserve Bank, the same shall not abate, be discontinued, or be in any way prejudicially affected by reason of the transfer to the National Bank of such asset or liability under sub-section (1), or as the case may be, such loan or advance becoming under sub-section (2) a loan or advance granted by the National Bank, or of anything contained in this Act, but the suit, appeal or other proceedings may be continued, prosecuted and enforced, by or against the National Bank. CHAPTER V BORROWINGS BY THE NATIONAL BANK **19.** **Borrowings by the National Bank.—The National Bank may, for the purpose of carrying out its** functions under this Act,— 1[(a) issue and sell bonds, debentures and other financial instruments with or without guarantee of the Central Government on such terms and conditions as may be approved by the Board;] 2[(b) borrow money from the Reserve Bank repayable on demand or otherwise on such terms and conditions including the terms relating to security and purposes as may be specified by the Reserve Bank; (c) borrow money from the Central Government and from any other authority or organisation or institution approved by the Board, on such terms and conditions as may be agreed upon; (d) accept from the Central Government, a State Government, a local authority, a State land development bank, a State co-operative bank or a scheduled bank or any person or body, whether incorporated or not, deposits repayable on such terms as the National Bank may, with the approval of the Reserve Bank, fix; and (e) receive gifts, grants, donations or benefactions from the Central Government or any State Government or any other source.] 3[20. Borrowings in foreign currency.—(1) Notwithstanding anything contained in the Foreign Exchange Management Act, 1999 (42 of 1999), or in any other law for the time being in force, relating to foreign exchange, the National Bank may borrow, with the previous approval of the Central Government and in consultation with the Reserve Bank, foreign currency from any bank or financial institution in India or elsewhere, for granting loans and advances or for utilising such currency for any other purpose specified under the provisions of this Act.] CHAPTER VI CREDIT FUNCTIONS OF THE NATIONAL BANK **21. Production and marketing credit.—(1) The National Bank may provide by way of refinance,** loans and advances, repayable on demand or on the expiry of fixed periods not exceeding eighteen 1. Subs. by Act 55 of 2000, s. 10, for clause (a) (w.e.f. 26-9-2000). 2. Subs. by s. 10, ibid., for clauses (b) to (e) (w.e.f. 26-9-2000). 3. Subs. by s. 11, ibid., for section 20 (w.e.f. 1-2-2001). 13 ----- months, [1][to State co-operative banks, central co-operative banks], regional rural banks, or to any financial institution or to any class of financial institutions, which are approved by the Reserve Bank in this behalf, for financing— (i) agricultural operations or the marketing of crops, or (ii) the marketing and distribution of inputs necessary for agriculture or rural development, or (iii) any other activity for the promotion of or in the field of agriculture or rural development, or (iv) _bona fide commercial or trade transactions, or_ (v) the production or marketing activities of artisans or of [2][village and cottage industries, micro enterprises, small enterprises and medium enterprises or of those engaged in the field of handicrafts, handlooms] and other rural crafts. (2) The National Bank may make loans and advances under sub-section (1) against the security of— (i) stocks, funds and securities other than immovable property, in which a trustee is authorised to invest trust money by any law for the time being in force; (ii) promissory notes supported by documents of title to goods, such documents having been transferred, assigned or pledged to the borrowing institution as security for a loan or advance made for any of the purposes specified in sub-section (1): Provided that the National Bank may, whenever it considers it necessary so to do, accept, in lieu of the actual assignment of any such security in favour of the National Bank, a declaration in writing from the borrowing institution,— (a) stating that it holds such documents of title to goods as may be set out in the declaration; and (b) containing such other particulars as may be required by the National Bank. (3) Notwithstanding anything contained in sub-section (2), the National Bank may in its discretion grant a loan or advance— (a) [3][to any State co-operative bank or central co-operative bank] if the loan or advance is fully guaranteed for repayment of principal and interest by Government; (b) to any State co-operative bank which is a scheduled bank, if the loan or advance is secured either by a bill of exchange or promissory note executed by the central co-operative bank and assigned in favour of the State co-operative bank. (4) Notwithstanding anything contained in sub-sections (2) and (3), the National Bank may also make loans and advances repayable on demand or on the expiry of fixed periods not exceeding eighteen months against promissory notes of a State co-operative bank or a regional rural bank or an institution approved under sub-section (1): Provided that the borrowing institution furnishes a declaration in writing, setting out the purpose for which it has made loans and advances and such other particulars as may be required by the National Bank. **4[22. Conversion loan for production credit.—Where the National Bank is satisfied that owing to** drought, famine or other natural calamities, military operations or enemy action, any State co-operative bank, central co-operative bank, regional rural bank or any such financial institution or any financial institution falling under any such class of financial institutions, as may be approved by the Reserve Bank in this behalf, requires assistance under this section, it may provide to such bank or institution such 1. Subs. by Act 48 of 2003, s. 2, for “to State co-operative banks” (w.e.f. 19-9-2003). 2. Subs. by Act 7 of 2018, s. 8, for “small-scale industries, industries in the tiny and decentralised sector, village and cottage industries or of those engaged in the field of handicrafts” (w.e.f. 15-3-2018). 3. Subs. by Act 48 of 2003, s. 2, for “to any State co-operative bank” (w.e.f. 19-9-2003). 4. Subs. by s. 3, ibid., for section 22 (w.e.f. 19-9-2003). 14 ----- financial assistance as it may deem fit by way of making loans and advances repayable on the expiry of fixed periods not exceeding seven years and on such terms and conditions as may be specified in this behalf by the National Bank: Provided that loans and advances may be made under this section only for the purpose of enabling the borrowing bank or institution,— (a) to pay any dues to the National Bank for credit extended for financing agricultural operations or the marketing of crops under clause (i) of sub-section (1) of section 21, or (b) (i) to make loans or advances to central co-operative banks or primary rural credit societies in cases where the borrowing bank is a State co-operative bank, and (ii) to make loans and advances to primary rural credit societies in cases where the borrowing bank is a central co-operative bank, and such loans or advances in both the cases being repayable on the expiry of fixed periods not being less than eighteen months and not exceeding seven years, by way of reimbursement of loans and advances made by such co-operative banks or societies for agriculture or agricultural operations or for reimbursement of such loans or advances which have been converted into loans or advances repayable on expiry of fixed periods not being less than eighteen months and not exceeding seven years from the date of conversion: Provided further that no loan or advance shall be made under this section to a State co-operative bank or a central co-operative bank unless such loan or advance is fully guaranteed as to the repayment of the principal and payment of interest, by the State Government.] **23.** **Rescheduling of loans to artisans, small-scale industries, etc.—Where the National Bank is** satisfied that owing to unforeseen circumstances the rescheduling of any loans and advances made to artisans, [1][village and cottage industries, micro enterprises, small enterprises and medium enterprises and those engaged in the field of handicrafts, handlooms and other rural crafts], by any State co-operative bank, regional rural bank or any such financial institution or any financial institution falling under such class of financial institutions as may be approved by the Reserve Bank in this behalf, has become necessary, it may provide to such bank or institution such financial assistance as it may deem fit by way of loans and advances repayable on the expiry of fixed periods not being less than eighteen months and not exceeding seven years against such securities as may be specified in this behalf by the National Bank: Provided that no loan or advance shall be made under this section to a State co-operative bank unless such loan or advance is fully guaranteed as to the repayment of the principal and payment of interest, by the State Government but such guarantee may be waived by the National Bank if other security to the satisfaction of the National Bank is furnished, or if, for reasons to be recorded by it in writing, the National Bank is satisfied that the guarantee or other security is not necessary. **24.** **Investment credit—medium term.—The National Bank shall provide such financial assistance** as it may consider necessary by way of making to State co-operative banks, regional rural banks, loans and advances repayable on the expiry of fixed periods not being less than eighteen months and not exceeding seven years against such securities as may be specified, in this behalf, by the National Bank and such loans or advances may be made for agriculture, rural development or such other purposes as the National Bank may, from time to time, determine: Provided that no loan or advance shall be made under this section to a State co-operative bank unless such loan or advance is fully guaranteed as to the repayment of the principal and payment of interest, by the State Government but such guarantee may be waived by the National Bank, if other security to the satisfaction of the National Bank is furnished, or if, for reasons to be recorded by it in writing, the National Bank is satisfied that the guarantee or other security is not necessary. **25.** **Other investment credit.—(1) The National Bank may provide such financial assistance as it** may consider necessary for promoting agriculture and rural development by— 1. Subs. by Act 7 of 2018, s. 9, for “small-scale industries, industries in the tiny and decentralised sector, village and cottage industries and those engaged in the field of handicrafts and other rural crafts,” (w.e.f 15-3-2018). 15 ----- (a) making loans and advances, by way of refinance, on such terms and conditions as the National Bank may think fit to impose, to a State land development bank or a State co-operative bank or a scheduled bank or any other financial institution approved by the Reserve Bank in this behalf, and also rescheduling the payment of such loans and advances: Provided that the maximum period for which any such loan or advance may be granted, whether originally or by rescheduling the payment thereof, shall not exceed twenty-five years; (b) purchasing or selling, or subscribing to the bonds or debentures issued by any bank or institution referred to in clause (a) and repayable within a period not exceeding twenty-five years from the dates on which they are issued; (c) making loans and advances on such terms and conditions as the National Bank may think fit to impose, to a State co-operative bank or a scheduled bank for the purpose of enabling such bank to make loans or advances to artisans, [1][village and cottage industries, micro-enterprises, small enterprises and medium enterprises and those engaged in the field of handicrafts, handlooms] and other rural crafts and also rescheduling the payment of such loans and advances: Provided that the maximum period for which any such loan or advance may be granted, whether originally or by rescheduling the payment thereof, shall not exceed twenty-five years; (d) making, where it is considered necessary so to do in connection with any financial assistance under clause (a) or clause (b) or clause (c) to a State land development bank or a State co-operative bank or a scheduled bank, loans and advances repayable on demand or on the expiry of a fixed period not exceeding eighteen months, by way of refinance [2][or otherwise] to such bank and also rescheduling the payment of such loans and advances for such period as the National Bank may deem fit. (2) The provisions of this section shall be in addition to, and not in derogation of, the provisions of section 21 and section 24. **3[26. Purchase and sale of shares.—The National Bank may subscribe to, or purchase or sell stocks,** shares, bonds or debentures of, or invest in the securities of, any institution or class of institutions concerned with agriculture and rural development which the Board may approve subject to such terms and conditions as it may deem fit.] **27.** **Loans to State Governments for share capital contribution.—The National Bank may make** loans and advances to State Governments, repayable on the expiry of fixed periods not exceeding twenty years from the date of making such loans and advances, from the National Rural Credit (Long Term Operations) Fund established under section 42 for enabling them to subscribe directly or indirectly to the share capital of a co-operative credit society. **4[27A. Loans to State Government, undertakings, etc.—The National Bank may make loans and** advances to any State Government or a corporation owned or controlled by the State Government or to any other person or class of persons, as may be approved by the Board, repayable on the expiry of a fixed period not exceeding twenty-five years from the date of making of such loans and advances and subject to such terms and conditions, as may be approved by the Board, for the purpose of development of infrastructure facilities for promotion of agriculture and rural development.] **28.** **Security for credit.—(1) No accommodation shall be granted by the National Bank under** clause (a) or clause (c) of sub-section (1) of section 25 or section 30 or section 32 to any institution other than a scheduled bank unless it is fully and unconditionally guaranteed by the Government as to the repayment of principal and payment of interest: 1. Subs. by Act 7 of 2018, s. 10, for “small-scale industries, industries in the tiny and decentralised sector, village and cottage industries and those engaged in the field of handicrafts” (w.e.f. 15-3-2018). 2. Ins. by Act 55 of 2000, s. 12 (w.e.f. 1-2-2001). 3. Subs. by s. 13, ibid., for section 26 (w.e.f. 1-2-2001). 4. Ins. by s. 14, ibid. (w.e.f. 1-2-2001). 16 ----- Provided that no such guarantee shall be required in cases in which security to the satisfaction of the Board is furnished by the borrowing institution. (2) No accommodation shall be granted by the National Bank under clause (a) or clause (c) of sub section (1) of section 25 or section 32 to any scheduled bank unless security to the satisfaction of the Board is furnished by such scheduled bank. 1[(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no guarantee or security referred to therein shall be required in cases in which the Board, for reasons to be recorded in writing, decides that no such security or guarantee is necessary in respect of a scheduled bank, a State cooperative bank or any person or class of persons, specifically approved by the Board or in respect of any scheme or class of schemes, having regard to the nature and scope of the scheme or schemes for which accommodation is proposed to be granted by the National Bank.] **29. Amounts and securities to be held in trust.—(1) Any sums received by a borrowing institution** in repayment or realisation of loans and advances refinanced either wholly or partly by the National Bank shall, to the extent of the accommodation granted by the National Bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the National Bank, and shall accordingly be paid by such institution to the National Bank, as per the repayment schedule fixed by the National Bank. (2) Where an accommodation has been granted to a borrowing institution, all securities held, or which may be held, by such borrowing institution, on account of any transaction in respect of which such accommodation has been granted by the National Bank, shall be held by such institution in trust for the National Bank. 2[(3) Notwithstanding anything to the contrary contained in any law for the time being in force, where a liquidator is appointed for winding up a borrowing institution, it shall be the duty of the liquidator to forthwith pass on to the National Bank the sums recovered by the borrowing institution or the liquidator, as the case may be, in repayment or realisation of the loans and advances refinanced either wholly or partly by the National Bank to the extent the refinance is outstanding and the National Bank shall be entitled to enforce the securities held by the borrowing institution in trust for the National Bank as if every reference to the borrowing institution in any contract, security or other document obtained by borrowing institution is a reference to the National Bank and accordingly, the National Bank shall be entitled to recover the balance sums due under such loans and advances from the constituents of borrowing institution and any discharge given by the National Bank to such constituent shall be a valid discharge and the liquidator shall, on demand made by the National Bank, deliver to it all such contracts, securities and other documents, for due enforcement thereof by the National Bank. _Explanation.—For the purposes of this sub-section, the word “liquidator” shall include liquidator or a_ provisional liquidator or any person or authority entrusted with the duty of liquidating the borrowing institution.] **3[30. Direct loans.— The National Bank may, in exceptional circumstances to be recorded in writing** by the Board, by itself or in association with other financial institutions or scheduled banks, make loans and advances, otherwise than by way of refinance to any person or class of persons or body corporate, on such terms and conditions, including security and repayable within such period not exceeding twenty-five years, as the National Bank may deem fit. **30A. Bills rediscounting.—The National Bank may rediscount bills of exchange and promissory** notes made, drawn, accepted or endorsed by any company or body corporate concerned with agriculture and rural development presented by a scheduled bank, a State co-operative bank, State land development bank, regional rural bank or any other institution or class of institutions approved by the Board.] 1. Subs. by Act 55 of 2000, s. 15, for sub-section (3) (w.e.f. 1-2-2001). 2. Ins. by s. 16, ibid. (w.e.f. 1-2-2001). 3. Subs. by s. 17, ibid., for section 30 (w.e.f. 1-2-2001). 17 ----- **31. Commission.—The National Bank may receive, for the rendering of any of the services** mentioned in this Chapter or Chapter VII, such commission or other consideration as may be agreed upon. **45[32. Issue of guarantees.— The National Bank may guarantee, subject to such directions as may be** issued by the Board, from time to time, deferred payments in connection with the purchase of capital goods or for any other purpose for giving effect to the provisions of this Act, due from any person or class of persons, whether incorporated or not.] **33.** **Power to impose conditions for accommodation.—In entering into any transaction [46][under this** Act with a borrower], the National Bank may impose such conditions as it may think necessary or expedient for protecting the interests of the National Bank. **47[34. Power to call for repayment before agreed period.—Notwithstanding anything to the** contrary contained in any agreement or arrangement, the National Bank may, by notice in writing, require any borrower or assisted person to whom it has granted any loan or other financial assistance including grants, to discharge forthwith in full, the loan or other financial assistance, including grants, as the case may be,— (a) if it appears to the National Bank that false or misleading information in any material particulars was given in the application for the loan or other financial assistance; or (b) if the borrower or the person has failed to comply with any of the terms of the contract or arrangement with the National Bank in the matter of loan or other financial assistance, including grants; or (c) if there is a reasonable apprehension that the borrower is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof; or (d) if for any reason it is necessary so to do, to protect the interests of the National Bank.] **35.** **National Bank to have access to records.—[48][(1) The National Bank shall have free access to all** such records of a borrower seeking to avail of any credit or other facilities from the National Bank under this Act and also to all such records of any person seeking to avail of any credit or other facilities from such borrower, perusal whereof may appear to the National Bank to be necessary in connection with the providing of finance or other assistance to such borrower or the refinancing of any loan or advance made to such person by the borrower.] (2) The National Bank may require any institution or person referred to in sub-section (1) to furnish to it copies of any of the records referred to in that sub-section and the institution or the person, as the case may be, shall be bound to comply with such requisition. **36.** **Validity of loan or advance not to be questioned.—Notwithstanding anything to the contrary** contained in any other law for the time being in force, the validity of any loan or advance granted by the National Bank in pursuance of the provisions of this Act shall not be called in question merely on the ground of non-compliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument: Provided that nothing in this section shall render valid any loan or advance obtained by any company or co-operative society where such company or co-operative society is not empowered by its memorandum to obtain loans or advances. **37.** **National Bank not to grant loans or advances against its own bonds or debentures.—The** National Bank shall not grant any loan or advance on the security of its own bonds or debentures. 1. Subs. by Act 55 of 2000, s. 18, for section 32 (w.e.f. 1-2-2001). 2. Subs. by s. 19, ibid., for “under this Chapter with a borrowing institution” (w.e.f. 1-2-2001). 3. Subs. by s. 20, ibid., for section 34 (w.e.f. 1-2-2001). 4. Subs. by s. 21, ibid., for sub-section (1) (w.e.f. 1-2-2001). 18 ----- **49[37A. Prohibited business.—(1) The National Bank shall not make any loans or advances under** section 30 or make any grants under this Act to any person or body of persons of which any of the directors of the National Bank is a proprietor, partner, director, manager, agent, employee or guarantor or in which one or more directors of the National Bank together hold substantial interest: Provided that this sub-section shall not apply to any borrower if any director of the National Bank— (a) is nominated as director of the Board of such borrower by the Government or a Government company as defined [50][in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013)] or by a corporation established by any other law; (b) is elected on the Board of such borrower by virtue of shares held in the borrower organisation by the Government, or a Government company as defined [2][in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013)] or by a corporation established by any other law, by reason only of such nomination or election, as the case may be. _Explanation.—For the purposes of this sub-section, “substantial interest”, in relation to a borrower,_ means the beneficial interest held by one or more of the directors of the National Bank or by any relative of such director as defined [51][in clause (77) of section 2 of the Companies Act, 2013 (18 of 2013)] whether singly or taken together, in the shares of the borrower, the aggregate amount paid-up on which either exceeds five lakhs of rupees or five per cent. of the paid-up share capital of the borrower, whichever is lesser. (2) The provisions of sub-section (1)— (a) shall not apply to any borrower, if the National Bank is satisfied that it is necessary in the public interest to enter into business with that borrower and entering into any kind of business with such borrower shall be in accordance with and subject to such conditions and limitations, as may be approved by the Board; (b) shall not apply to any transaction relating to the business entered into prior to the commencement of the National Bank for Agriculture and Rural Development (Amendment) Act, 2000 (55 of 2000), and all such business and any transaction in relation thereto may be implemented or continued as if that Act had not come into force; (c) shall apply only so long as the conditions precedent to such disability as set out in the said sub-section continue.] CHAPTER VII OTHER FUNCTIONS OF THE NATIONAL BANK **38.** **Other functions of National Bank.—The National Bank—** (i) shall co-ordinate its operations and the operations of various institutions engaged in the field of rural credit and maintain expert staff to study all problems relating to agriculture and rural development and be available for consultation to the Central Government, the Reserve Bank, the State Governments and the other institutions engaged in the field of rural development; (ii) may act as the agent for the Central Government or a State Government or the Reserve Bank in the transaction of any business in respect of loans and advances granted or to be granted, or bonds or debentures purchased or subscribed for, or to be purchased or subscribed for; (iii) may provide facilities for training, for dissemination of information and the promotion of research including the undertaking of studies, researches, techno-economic and other surveys in the field of rural banking, agriculture and rural development and it may for the said purposes [52][make loans or advances or grants] including grants by way of provision for fellowships and chairs to any institution. 1. Ins. by Act 55 of 2000, s. 22 (w.e.f. 1-2-2001). 2. Subs. by Act 7 of 2018, s. 11, for “in section 617 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 15-3-2018). 3. Subs. by s. 11, ibid., for “in clause (41) of section 2 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 15-3-2018). 4. Subs. by Act 55 of 2000, s. 23, for “make grants” (w.e.f. 1-2-2001). 19 ----- 1[(iv) may provide technical, legal, financial, marketing and administrative assistance to any person engaged in agriculture and rural development activities; (v) may provide consultancy services in the field of agriculture and rural development and other related matters in or outside India, on such terms and against such remuneration, as may be agreed upon; (vi) may perform the functions entrusted to or required of the National Bank by any other law for the time being in force; and (vii) do any other kind of business or undertake any other kind of activity which the Central Government or the Reserve Bank may authorise.] **2[38A. Promotion of subsidiaries.—The National Bank may, in consultation with the Reserve Bank,** promote, form or manage or associate itself in promotion, formation or management of companies, subsidiaries, affiliates, societies, trusts or such other association of persons, as it may deem fit, for the purpose of carrying out its functions under this Act. **38B. Securitisation of debt.—Notwithstanding anything contained in this Act, the National Bank** may— (a) create one or more trusts and transfer loans and advances granted by it, with or without the securities, to such trusts, for consideration; (b) set aside loans or advances held by the National Bank and issue and sell securities based upon such loans or advances so set aside in the form of debt obligations, trust certificates of beneficial interest or other instruments, by whatever name called, and act as a trustee for the holders of such securities. **38C. Exemption from compulsory registration.—Notwithstanding anything contained in sub-** section (1) of section 17 of the Registration Act, 1908 (16 of 1908)— (a) any instrument in the form of debt obligations or trust certificate of beneficial interest or any other instrument, by whatsoever name called, issued by the National Bank or the trust created by it to securitise the loans granted by it and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property; or (b) any transfer of such instruments referred to in clause (a), shall not require compulsory registration.] **39. Incidental powers.—The National Bank may also do all such things as may be necessary or** incidental to or consequential upon the exercise of its powers, discharge of its functions and the performance of its duties, under this Act, or under any other law for the time being in force. 3[40. Deposits and investments.—(1) The National Bank may invest its funds in promissory notes, stocks or securities of the Central Government or keep the moneys deposited with the Reserve Bank or with any agency of the Reserve Bank or with a State co-operative bank or a scheduled bank. (2) Notwithstanding anything contained in sub-section (1) or section 30A, the National Bank may, for beneficial investment of its surplus funds, rediscount bills of exchange or promissory notes arising out of _bona fide trade and commercial transactions and also lend repayable at call or short notice to a scheduled_ bank or any financial institution approved by the Reserve Bank, or invest in certificates of deposit and other instruments or schemes as may be approved by the Board.] **41. Credit information.—The National Bank may, for the purpose of the efficient discharge of its** functions under this Act, collect from or furnish to the Central Government, the Reserve Bank or any banking company or such other financial institution as may be notified by the Central Government in this behalf, credit information or other information. 1. Ins. by Act 55 of 2000, s. 23 (w.e.f. 1-2-2001). 2. Ins. by s. 24, ibid. (w.e.f. 1-2-2001). 3. Subs. by s. 25, ibid., for section 40 (w.e.f. 1-2-2001). 20 ----- _Explanation.—For the purposes of this section, the expressions “banking company” and “credit_ information” shall have the same meanings as in section 45A of the Reserve Bank of India Act, 1934 (2 of 1934). CHAPTER VIII FUNDS, ACCOUNTS AND AUDIT **42.** **National Rural Credit (Long Term Operations) Fund.—(1) The National Bank shall establish** and maintain a Fund to be known as the National Rural Credit (Long Term Operations) Fund. (2) The Fund shall (in addition to assets and liabilities transferred under section 18) include,— (a) such sums of money as the Central Government and the State Governments may contribute from time to time; (b) such sums of money as the Reserve Bank may contribute every year; and (c) such further sums of money as the Board may contribute every year. (3) The amount in the said Fund shall be applied by the National Bank only to provide financial assistance by way of loans and advances under section 23, section 24, sub-section (1) of section 25 or section 27 or for the purposes of section 26. **43.** **National Rural Credit (Stabilisation) Fund.—(1) The National Bank shall establish and** maintain a Fund to be known as the National Rural Credit (Stabilisation) Fund. (2) The Fund shall (in addition to assets and liabilities transferred under section 18) include,— (a) such sums of money as the Central Government and the State Governments may contribute from time to time; (b) such sums of money as the Reserve Bank may contribute every year; and (c) such further sums of money as the Board may contribute every year. (3) The amounts in the said Fund shall be applied by the National Bank only to provide loans and advances under section 22. **44.** **Research and Development Fund.—(1) The National Bank shall establish and maintain a Fund** to be known as the Research and Development Fund, to which shall be credited— (a) such sums of money as are transferable to this Fund in accordance with section 47; (b) such sums of money as the Board may contribute every year to this Fund from out of its annual profits; and (c) such gifts, grants, donations or benefactions which the National Bank may receive and which the Board may earmark for this purpose. (2) The Research and Development Fund shall be expended on matters of importance to agriculture, agricultural operations and rural development, including the provision of training and research facilities and the [56][making of loans or advances or grants] under clause (iii) of section 38. **45.** **Reserve Fund and other Funds.—The National Bank shall establish a Reserve Fund [57][and other** Funds] as the Board may consider necessary by transferring such sums as it may deem fit, out of its annual profits and out of receipts from gifts, grants, donations or benefactions, which it may receive. **46.** **Preparation of balance-sheet, etc., of National Bank.—(1) The balance-sheet and accounts of** the National Bank shall be prepared and maintained in such form and manner as may be prescribed. 1. Subs. by Act 55 of 2000, s. 26, for “making of grants” (w.e.f. 1-2-2001). 2. Subs. by s. 27, ibid., for “and such other Funds” (w.e.f. 1-2-2001). 21 ----- (2) The Board shall cause the books and accounts of the National Bank to be balanced and closed as on the thirtieth day of June [58][or such other date in each year as the Central Government may, by notification in the Official Gazette, specify]. 59[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 balancing and closing of, or for other matters relating to, the books or accounts in respect of the concerned years.] **47.** **Disposal of surplus.—After making provision for bad and doubtful debts, depreciation of assets** and all other matters for which provision is necessary or expedient or which is usually provided for by bankers, and for the Funds referred to in sections 42, 43 and 45, the National Bank shall transfer— (i) for a period of fifteen years, following the accounting year during which the National Bank is established, the amount remaining (hereafter in this section referred to as surplus) to the Research and Development Fund under section 44; and 60[(ii) after the expiry of the said period of fifteen years, the Board shall, after making provision for the Fund referred to in clause (i), disburse or spend the balance of the surplus in such manner as may be approved by the Board.] **48.** **Audit.—(1) The accounts of the National Bank shall be audited by auditors duly qualified to act** as auditors under sub-section (1) of [61][section 141 of the Companies Act, 2013 (18 of 2013)] who shall be appointed by the Central Government in consultation with the Reserve Bank, for such term and on such remuneration as the Central Government may fix. (2) The auditors shall be supplied with a copy of the annual balance-sheet of the National Bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the National Bank and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the National Bank. (3) The auditors may, in relation to the accounts of the National Bank, examine any director of the Board or any officer or other employee of the National Bank and shall be entitled to require from the Board or officers or employees of the National Bank such information and explanation as they may think necessary for the performance of their duties. (4) The auditors shall make a report to the National Bank upon the annual balance-sheet and accounts examined by them and in every such report, they shall state whether in their opinion the balance-sheet is a full and fair balance-sheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the National Bank and in case they had called for any explanation or information from the Board or any officer or other employee of the National Bank, whether it has been given and whether it is satisfactory. (5) The National Bank shall furnish to the Central Government and the Reserve Bank within four months from the date on which the annual accounts of the National Bank are closed and balanced, a copy of its balance-sheet as on the close of that year together with a copy of the profit and loss account for the year and a copy of the auditors’ report and a report of the working of the National Bank during the relevant year, and the Central Government shall, as soon as may be after they are received by it, cause the same to be laid before each House of Parliament and cause the copies of the said balance-sheet, profit and loss account and auditors' report to be published in the Official Gazette. (6) Without prejudice to anything contained in the preceding sub-sections, the Central Government may, at any time, appoint the Comptroller and Auditor General of India to examine and report upon the accounts of the National Bank and any expenditure incurred by him in connection with such examination and report shall be payable by the National Bank to the Comptroller and Auditor General of India. 1. Subs. by Act 66 of 1988, s. 46, for “, each year” (w.e.f. 30-12-1988). 2. The proviso ins. by s. 46, ibid. (w.e.f. 30-12-1988). 3. Subs. by Act 55 of 2000, s. 28, for clause (ii) (w.e.f. 1-2-2001). 4. Subs. by Act 7 of 2018, s. 12, for “section 226 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 15-3-2018). 22 ----- **49.** **Returns.—The National Bank shall furnish, from time to time, to the Central Government and to** the Reserve Bank, such returns as the Central Government or the Reserve Bank may require. CHAPTER IX STAFF **50.** **Staff of National Bank.—(1) The National Bank may appoint such number of officers and other** employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. (2) Without prejudice to the provisions of sub-section (1), it shall be lawful for the National Bank to utilise, and for the Reserve Bank to make available, the services of such staff of the Reserve Bank on such terms and conditions as may be agreed upon between the National Bank and the Reserve Bank. (3) Subject to the provisions of sub-section (6), at any time before the expiry of six months from the appointed day, the Reserve Bank may, in public interest, transfer to the National Bank, such members of the staff of Reserve Bank whom the Reserve Bank considers as engaged, or as suitable to be engaged, in attending to the work of a nature which is same or similar to that which the National Bank may require for its efficient functioning, and upon such transfer they shall be deemed to be appointed by the National Bank under sub-section (1) with effect from the date of such transfer: Provided that every person so transferred may, before the expiry of a period of six months from the appointed day, or before the expiry of a period of thirty days from such transfer, whichever period expires later, elect to go back to the Reserve Bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the Reserve Bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the National Bank during the period he was a member of the staff of the National Bank. (4) (a) Any member of the staff of the Reserve Bank who is not appointed under sub-section (3), may, if he so desires, make an application to the Reserve Bank within six months from the appointed day, to be considered for appointment as a member of the staff of the National Bank. (b) The Reserve Bank may, in consultation with the National Bank, consider such application having regard to the suitability of the person so applying, the availability of vacancies in the National Bank, the exigencies of service in the Reserve Bank and the National Bank and such other factors as may be considered relevant in this regard, and, if the Reserve Bank is satisfied having regard to these factors, that such applicant is suitable for being so appointed recommend his appointment to the National Bank. (c) The National Bank may thereupon, within eighteen months from the appointed day, appoint such a person applying under this sub-section, as a member of the staff of the National Bank, and on such appointment, such a person shall be deemed to have been appointed in the National Bank under subsection (3): Provided that the proviso to sub-section (3) and the proviso to sub-section (5) shall not apply in respect of such a person. (5) Notwithstanding anything contained elsewhere in this Act or in any other law or in any contract, for the time being in force, at any time before the expiry of six months from the appointed day, the Reserve Bank may, if it considers it necessary in consultation with the National Bank so to do in the interest of the National Bank, transfer on promotion any member of the staff of the National Bank to the Reserve Bank, and on such transfer to the Reserve Bank, each such member of the staff shall be deemed to be a member of the staff of the Reserve Bank and shall be entitled to the same salary, emoluments and other conditions of service to which he was entitled immediately before the date of such transfer, including benefits, if any, arising directly out of such promotion: Provided that every member of the staff who is transferred as aforesaid may, before the expiry of a period of six months from the appointed day or within thirty days from such transfer, whichever period expires later, elect to go back to the National Bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the National Bank shall, before the 23 ----- expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the Reserve Bank during the period he was a member of the staff of the Reserve Bank. (6) Every person,— (a) who, immediately before the date appointed under sub-section (1) of section 16, is a member of the staff of the Agricultural Refinance and Development Corporation; or (b) who is a member of the staff of the Reserve Bank but whose services are being utilised immediately before that date by the said Corporation, shall be deemed to be appointed by the National Bank under sub-section (1) on the said date: Provided that every member of the staff of the Reserve Bank, who is so deemed to be appointed, and who was not recruited specifically for utilisation in the Agricultural Refinance and Development Corporation, may, before the expiry of a period of six months from the appointed day or within a period of thirty days from the date appointed under sub-section (1) of section 16, whichever period expires later, elect to go back to the Reserve Bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the Reserve Bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the National Bank during the period he was a member of the staff of the National Bank. (7) Notwithstanding anything contained in any other law or in any agreement, for the time being in force, no member of the staff shall be entitled to claim any compensation for, or in relation to any matter concerning, his transfer, appointment or as the case may be, return, under sub-sections (3) to (6) and no claim in respect thereof shall be entertained by any court, tribunal or other authority. (8) Subject to the provisions of sub-section (10) and sub-section (11), every member of the staff of the Agricultural Refinance and Development Corporation or of the Reserve Bank who is deemed to be appointed as a member of the staff of the National Bank under this section, shall be deemed to have been appointed by the National Bank on the same salary, emoluments and other terms and conditions of service to which he was entitled immediately before his appointment in the National Bank. (9) The provisions relating to superannuation benefits, namely, the regulations relating to provident fund and the rules relating to payment of gratuity and compassionate gratuity and any other provision relating to superannuation as are applicable to the staff of the Reserve Bank on the appointed day shall, so far as may be, apply to the staff of the National Bank, unless and until the National Bank alters or amends the same: Provided that after the appointed day, any such alteration or amendment may be effected by the National Bank as regards provident fund regulations in accordance with section 60, and as regards the other rules in the manner they would have been altered or amended but for this sub-section: Provided further that after the expiry of six months from the appointed day, the balances held in the Reserve Bank of India Employees’ Provident Fund to the credit of any member of the staff of the Reserve Bank whose services are transferred under this section to the National Bank and who does not opt to go back to the Reserve Bank, shall be transferred to, and held in, the Provident Fund of the National Bank on same or similar terms subject to which those balances were held earlier in the Reserve Bank of India Employees’ Provident Fund. (10) Notwithstanding anything contained in any other law, settlement, or agreement, every person employed by the National Bank or whose services have been transferred to the National Bank under this Act, shall be liable to serve anywhere in India. (11) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or any other law for the time being in force, or in any award, judgment, decree, decision or order of any Industrial Tribunal, Court or other authority, or any settlement or agreement, made or entered into before the date of transfer to the National Bank of the services of any person under this section, the National Bank shall be free to alter, amend or repeal in such manner and to such extent it may consider necessary, 24 ----- any of the terms and conditions of service applicable to such persons whose services are so transferred to the National Bank and who are appointed in the National Bank under this section except that the National Bank shall not alter to their prejudice the terms relating to payment of salary and other emoluments, retirement benefits and eligibility for leave. _Explanation.—For the purposes of this section, “appointed day” means the date of establishment of_ the National Bank under section 3. CHAPTER X MISCELLANEOUS **51.** **Obligation as to fidelity and secrecy.—(1) The National Bank shall not, except as otherwise** required by this Act or any other law, 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 National Bank to divulge such information. (2) Every director, member of a committee, auditor, officer or other employee of the National Bank or of the Reserve Bank, whose services are utilised by the National Bank under the provisions of this Act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the First Schedule to this Act. 1[(3) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005 (30 of 2005).] **52.** **Defects in appointment not to invalidate acts, etc.—(1) No act or proceeding of the Board or of** any committee of the National Bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be. (2) No act done by any person acting in good faith as a director of the Board or as a member of a committee of the National Bank shall become invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment. 2[52A. Agreement with National Bank on appointment of directors to prevail.—(1) Where any agreement entered into by the National Bank with a company or a body corporate while granting loans and advances, provides for the appointment by the National Bank of one or more directors of such company or body corporate, such provisions and any appointment of directors made in pursuance thereof shall be valid and effective, notwithstanding anything to the contrary contained in [3][the Companies Act, 2013 (18 of 2013)] 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 or body corporate, 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 National Bank in pursuance of the agreement as aforesaid. (2) Any director appointed as aforesaid shall— (a) hold office during the pleasure of the National Bank and may be removed or substituted by any person by order in writing of the National Bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.] **53.** **Protection of action taken under the Act.—No suit or other legal proceeding shall lie against** the National Bank or any director or any officer or other employee of the National Bank or any other person authorised by the National Bank to discharge any functions under this Act for any loss or damage 1. Ins. by Act 30 of 2005, s. 34 and the Schedule (w.e.f. 14-12-2006). 2. Ins. by Act 55 of 2000, s. 29 (w.e.f. 1-2-2001). 3. Subs. by Act 7 of 2018, s. 13, for “the Companies Act, 1956 (1 of 1956)” (w.e.f. 15-3-2018). 25 ----- 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 of any other law or provision having the force of law. **54.** **Indemnity of directors.—(1) Every director shall be indemnified by the National Bank against** all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. (2) A director shall not be responsible for any other director or for any officer or other employee of the National Bank or for any loss or expenses resulting to the National Bank from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the National Bank or the insolvency or wrongful act of any debtor or any person under obligation to the National Bank or anything done in good faith in the execution of the duties of his office in relation thereto. **_55._** [Exemption from income-tax, etc.]—Omitted by the Finance Act, 2001 (14 of 2001), s. 140 _(w.e.f._ 1-4-2002). **56.** **Penalties.—(1) Whoever in any return, balance-sheet, or other document or in any information** required or furnished by or under or for the purposes of any provision of this Act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. 1[(2) If any person fails to produce any book, account or other document, or to furnish any statement or information which, under the provisions of this Act, it is his duty to produce or furnish, he shall be liable to penalty which may extend to one lakh fifty thousand rupees in respect of each failure and in the case of a continuing failure, an additional penalty which may extend to seven thousand five hundred rupees for every day during which the failure continues after the first such failure. (3) For the purpose of adjudging penalty under sub-section (2), the National Bank shall serve notice on the person requiring it to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall also be given to such person. (4) Any penalty imposed by the National Bank under this section shall be payable within a period of fourteen days from the date on which notice issued by the National Bank demanding payment of the sum is served on the person and, in the event of failure of the person to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the person is situated: Provided that no such direction shall be made except on an application made to the court by the National Bank or by any officer authorised by the National Bank in this behalf. (5) The court which makes a direction under sub-section (4) shall issue a certificate specifying the sum payable by the person and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit. (6) No complaint shall be filed against any person in any court relating to any contravention or default in respect of which any penalty has been imposed by the National Bank under sub-section (2). (7) Where any complaint has been filed against any person in any court in respect of the contravention or default of the nature referred to in sub-section (1), then, no proceedings for the imposition of any penalty on the person shall be initiated under sub-section (2).] **57.** **Offences by companies.—(1) Where an offence has been committed by a company, every person** who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or 1. Subs. by Act 18 of 2023, s. 2 and the Schedule, for sub-section (2) (w.e.f. 22-01-2024). 26 ----- 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. **58.** **Bankers’ Books Evidence Act, 1891, to apply in relation to National Bank.—The Bankers’** Books Evidence Act, 1891 (18 of 1891), shall apply in relation to the National Bank as if it were a bank as defined in section 2 of that Act. **59.** **Liquidation of National Bank.—No provision of law relating to the winding up of companies** shall apply to the National Bank and the National Bank shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct. **60.** **Power of Board to make regulations.—(1) The Board may, with the previous approval of the** Central Government and in consultation with the Reserve Bank, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the fees or allowances that may be paid to the directors or members of the Advisory Council; (b) the times and places of the meetings of the Board or the Executive Committee or the Advisory Council and the procedure to be followed at such meetings including the quorum necessary for the transaction of business; (c) the number of directors constituting the Executive Committee and the functions that such Committee shall discharge; (d) the manner and terms of issue and redemption of bonds and debentures by the National Bank; 1[(e) the manner of election of directors under clause (f) of sub-section (1) of section 6;] 2* - - - (g) The form and manner in which the balance-sheets and the accounts of the National Bank shall be prepared or maintained; 2* - - - (i) the duties and conduct, salaries, allowances and conditions of service of officers and other employees; (j) the establishment and maintenance of provident or other benefit funds for employees of the National Bank; and (k) such other matters for which the Board may consider it expedient or necessary to provide for by way of regulations. (3) Any regulation which may be made by the Board under this Act may be made by the Reserve Bank, in consultation with the Central Government, before the expiry of three months from the date of establishment of the National Bank, and any regulation so made may be altered and rescinded by the Board in the exercise of its powers under this Act. 1. Subs. by Act 55 of 2000, s. 30, for clause (e) (w.e.f. 1-2-2001). 2. Clauses (f) and (h) omitted by s. 30, ibid. (w.e.f. 1-2-2001). 27 ----- (4) The power to make regulations conferred by this section shall include the power to give retrospective effect to the regulations or any of them from a date not earlier than the date of commencement of this Act, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interest of any person to whom such regulation may be applicable. (5) 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 such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. [61. Amendment 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). **62. 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 three years from the commencement of this Act. 28 ----- THE FIRST SCHEDULE [See section 51(2)] DECLARATION OF FIDELITY AND SECRECY I do hereby declare that I will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as director, auditor officer or other employee (as the case may be) of the National Bank for Agriculture and Rural Development and which properly relate to the office or position held by me in the said National Bank. I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the National Bank for Agriculture and Rural Development or to the affairs of any person having any dealing with the said National 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 National Bank for Agriculture and Rural Development and relating to the business of the said National Bank or the business of any persons having any dealing with the said National Bank. Signed before me (Signature) [THE SECOND SCHEDULE].—Rep. by the Repealing and Amending Act, 1988 (19 of 1988), s. 2 and the _First Schedule (w.e.f. 31-3-1988)._ 29 -----

4-Mar-1982

01

The African Development Fund Act, 1982

https://www.indiacode.nic.in/bitstream/123456789/1828/3/A1982-01.pdf

central

# THE AFRICAN DEVELOPMENT FUND ACT, 1982 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Payments to Fund. 4. Reserve Bank to be depository for Fund. 5. Conferment of status and certain immunities, exemptions and privileges on Fund and conferment of certain immunities, exemptions and privileges on its officers and employees. 6. Power to make rules. 7. Notifications issued under section 5 and rules made under section 6 to be laid before Parliament. THE SCHEDULE. ----- # THE AFRICAN DEVELOPMENT FUND ACT, 1982 ACT NO. 1 OF 1982 [4th March, 1982.] # An Act to implement the African Development Fund Agreement and for matters connected therewith. BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the African Development** Fund Act, 1982. (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) “Agreement” means the African Development Fund Agreement; (b) “Fund” means the African Development Fund established under the Agreement. **3. Payments to Fund.—(1)There shall be paid out of the Consolidated Fund of India, after due** appropriation made by Parliament by law in this behalf, all such sums as may, from time to time, be required for the purpose of paying,— (a) the subscription payable by the Central Government to the Fund under Articles 6,7,8 and 9 of the Agreement; (b) any sums payable by the Central Government to the Fund under Article 13 of the Agreement; and (c) any charges payable by the Central Government to the Fund under Article 16 of the Agreement. (2) The Central Government may, if it thinks fit so to do, create and issue to the Fund, in such form as it thinks fit, any such non-interest bearing and non-negotiable note or other obligations as are provided for by Article 9 of the Agreement. **4. Reserve Bank to be depository for Fund.—The Reserve Bank of India shall be the depository of** the Indian currency holdings of the Fund. **5. Conferment of status and certain immunities, exemptions and privileges on Fund and** **conferment** **of** **certain** **immunities,** **exemptions** **and** **privileges** **on** **its** **officers** **and** **employees.—(1) Notwithstanding anything to the contrary contained in any other law, the provisions of** the Agreement set out in the Schedule shall have the force of law in India: Provided that nothing in Article 49 of the Agreement shall be construed as— (a) entitling the Fund to import into India goods free of any duty of customs without any restriction or their subsequent sale therein; or (b) conferring on the Fund any exemption from duties or taxes which form part of the price of goods sold; or (c) conferring on the Fund any exemption from duties or taxes which are in fact no more than charges for services rendered. 1. 25thAugust, 1986, vide notification No. G.S.R. 1035(E), dated 25th August, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(i). ----- (2) The Central Government may, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the Agreement set out therein. **6. Power to make rules.—The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. **7. Notifications issued under section 5 and rules made under section 6 to be laid before** **Parliament.—Every notification issued under sub-section (2) of section 5 and every rule made under** section 6 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. ----- THE SCHEDULE (See section 5) PROVISIONS OF THE AGREEMENT WHICH SHALL HAVE FORCE OF LAW CHAPTER VIII STATUS, IMMUNITIES, EXEMPTIONSAND PRIVILEGES ARTICLE 41 PURPOSE OF CHAPTER To enable the Fund effectively to fulfil its purpose and carry out the functions entrusted to it, the status, immunities, exemptions and privileges set forth in this Chapter shall be accorded to the Fund in the territory of each State participant, and each State participant shall inform the Fund of the specific action which it has taken for such purpose. ARTICLE 42 STATUS The Fund shall possess full judicial personality and, in particular, full capacity: (i) to contract; (ii) to acquire, and dispose of, immovable and movable property; and (iii) to institute legal proceedings. ARTICLE 43 LEGAL PROCESS 1. The Fund shall enjoy immunity from every form of legal process, except in cases arising out of or in connection with the exercise of its power to receive loans in accordance with Article 8, in which case actions may be brought against the Fund in a court of competent jurisdiction in the territory of a country in which the Fund has its office, or has appointed an agent for the purpose of accepting service or notice of process, or has otherwise agreed to be sued. 2. Notwithstanding the provisions of paragraph 1, no action shall be brought against the Fund by any participant, or by any agency or instrumentality of a participant, or by any entity or person directly or indirectly acting for or deriving claims from a participant or from any agency or instrumentality of a participant. Participants shall have recourse to such special procedures for the settlement of disputes between the Fund and its participants as may be prescribed in this Agreement, in the bye-laws and regulations of the Fund, or in contracts entered into with the Fund. 3. The Fund shall also make provision for appropriate modes of settlement of disputes in cases which do not come within the provisions of paragraph 2 and of Articles 52 and 53 and which are subject to the immunity of the Fund by virtue of paragraph 1 of this Article. 4. Where by virtue of any of the provisions of this Agreement the Fund does not enjoy immunity from legal process, the Fund, and its property and assets wherever located and by whomsoever held, shall nevertheless be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Fund. ARTICLE 44 IMMUNITY OF ASSETS Property and assets of the Fund, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action. ----- ARTICLE 45 IMMUNITY OF ARCHIVES The archives of the Fund, and, in general, all documents belonging to it or held by it, shall be inviolable, wherever located. ARTICLE 46 FREEDOM OF ASSETS FROM RESTRICTION To the extent necessary to carry out the purpose and function of the Fund, and subject to the provisions of this Agreement, all property and other assets of the Fund shall be free from restriction by financial controls, regulations, or moratoria of any kind. ARTICLE 47 PRIVILEGE FOR COMMUNICATIONS Official communications of the Fund shall be accorded by each State participant the same treatment as it accords to the official communications of other international financial institutions of which it is a member. ARTICLE 48 IMMUNITIES AND PRIVILEGES OF OFFICIALS AND PERSONNEL All governors and directors, and their alternates, the President and personnel, including experts performing missions for the Fund: (i) shall be immune from legal process with respect to acts performed by them in their official capacity; (ii) when they are not local nationals, shall be accorded no less favourable immunities from immigration restrictions, alien registration requirements and national service obligations, and no less favourable facilities as regards exchange regulations, than are accorded by the State participant concerned to the representatives, officials and employees of comparable rank of any other international financial institution of which it is a member; and (iii) shall be granted no less favourable treatment in respect of travelling facilities than is accorded by the State participant concerned to representatives, officials and employees of comparable rank of any other international financial institution of which it is a member. ARTICLE 49 EXEMPTION FROM TAXATION 1. The Fund, its assets, property, income, operations and transactions, shall be exempt from all direct taxation, and from all customs duties, or taxes having equivalent effect, on goods imported or exported for its official use. The Fund shall also be exempt from any obligation for the payment, withholding or collection of any tax or duty. 2. Notwithstanding the provisions of paragraph 1, the Fund shall not claim exemption from taxes which are no more than charges for services rendered. 3. Articles imported under an exemption provided for by paragraph 1 shall not be sold in the territory of the State participant which granted the exemption except under conditions agreed with that participant. 4. No tax shall be levied on or in respect of salaries and emoluments paid by the Fund to the President and personnel including experts performing missions for it. ----- ARTICLE 50 WAIVER BY THE FUND 1. The immunities, exemptions and privileges provided in this Chapter are granted in the interests of the Fund. The Board of Directors may waive, to such extent and upon such conditions as it may determine, the immunities, exemptions and privileges provided in this Chapter in cases where its action would in its opinion further the interests of the Fund. 2. Regardless of the provisions of paragraph 1, the President shall have the right and the duty to waive the immunity of any of the personnel, including experts performing missions for the Fund, in cases where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Fund. -----

19-Mar-1982

04

The Sugar Development Fund Act, 1982

https://www.indiacode.nic.in/bitstream/123456789/1780/1/A1982-04.pdf

central

# THE SUGAR DEVELOPMENT FUND ACT, 1982 __________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Sugar Development Fund. 4. Application of Fund. 5. Applications for loans or grants. 6. Committee. 7. Annual report of activities financed under the Act. 8. Power to call for reports and returns. 9. Power to make rules. 1 ----- # THE SUGAR DEVELOPMENT FUND ACT, 1982 ACT NO. 4 OF 1982 [19th March, 1982.] # An Act to provide for the financing of activities for development of sugar industry and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Sugar Development** Fund Act, 1982. (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) “Committee” means the Committee constituted under section 6; (b) “Fund” means the Sugar Development Fund formed under section 3; (c) “prescribed” means prescribed by rules made under this Act; (d) all other words and expressions used in this Act and not defined, but defined in the Sugar Cess Act, 1982 (3 of 1982), shall have the meanings respectively assigned to them in that Act. **3. Sugar Development Fund.—(1) There shall be formed a fund to be called the Sugar Development** Fund. (2) An amount equivalent to the proceeds of the duty of excise levied and collected under the Sugar Cess Act, 1982(3 of 1982), reduced by the cost of collection as determined by the Central Government, together with any moneys received by the Central Government for the purposes of this Act, shall, after due appropriation made by Parliament by law, be credited to the Fund. (3) The Fund shall consist of the amounts credited under sub-section (2) and any income from investment of such amounts. **4. Application of Fund.—(1) The Fund shall be applied by the Central Government,—** (a) for making loans for facilitating the rehabilitation and modernisation of any sugar factory or any unit thereof or the undertaking of any scheme for development of sugarcane in the area in which any sugar factory is situated; 2[(aa) for making loans to any sugar factory or any unit thereof for bagasse-based co-generation power projects with a view to improving their viability; (aaa) for making loans to any sugar factory or any unit thereof for production of anhydrous alcohol or ethanol from alcohol with a view to improving their viability;] (b) for making grants for the purpose of any research project aimed at development of sugar industry; 3[(bb) for defraying expenditure for the purpose of building up and maintenance of buffer stocks of sugar with a view to establishing price of sugar;] 2[(bbb) for defraying expenditure on internal transport and freight charge to the sugar factories on export shipments of sugar with a view to promoting its export;] 1. 1st June, 1982, _vide notification No. G.S.R. 436(E), dated 29th May, 1982, see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 2. Ins.by Act 30 of 2002, s. 2 (w.e.f. 21-6-2002).. 3. Ins. by Act 64 of 1982, s. 2 (w.e.f.12-11-1982). 2 ----- 1[(bbbb) for defraying expenditure for the purpose of financial assistance to sugar factories towards interest on loans given in terms of any scheme approved by the Central Government from time to time;] (c) for defraying any other expenditure for the purposes of this Act. (2) The manner in which any loans or grants may be made under this section and the terms and conditions subject to which such loans or grants may be made shall be such as may be prescribed. **5. Applications for loans or grants.—Every application for loan or grant under section 4 shall be** made to the Committee in such manner and in such form as may be prescribed. **6. Committee.—(1) For the purpose of securing speedy consideration and disposal of applications** received under section 5 and for considering any problems arising in the course of the administration of this Act, the Central Government may constitute a committee of officers of that Government. (2) The composition of the Committee and the procedure to be followed by the Committee in the discharge of its functions under this Act shall be such as may be prescribed. **7. Annual report of activities financed under the Act.—The Central Government shall, as soon as** may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under this Act during the financial year, together with a statement of accounts. **8. Power to call for reports and returns.—The Central Government may require an occupier of a** sugar factory to furnish, for the purposes of this Act, such statistical and other information, in such form and within such period as may be prescribed. **9. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,— (a) the manner in which any loans or grants may be made and the terms and conditions subject to which such loans or grants may be made under section 4; (b) the manner and form in which applications may be made under section 5; (c) the composition of the Committee under section 6 and the procedure to be followed by the Committee in the discharge of its functions under this Act; (d) the form in which and the period within which statistical and other information may be furnished under section 8; (e) any other matter which is required to be or may be prescribed. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. Ins. by Act 4 of 2008, s. 2 (w.e.f. 5-2-2008). 3 -----

17-Aug-1982

36

The Chaparmukh-Silghat Railway Line and the Katakhal-Lalabazar Railway Line (Nationalisation) Act, 1982

https://www.indiacode.nic.in/bitstream/123456789/1784/3/a1982-36.pdf

central

# THE CHAPARMUKH-SILGHAT RAILWAY LINE AND THE KATAKHAL-LALABAZAR RAILWAY LINE (NATIONALISATION) ACT, 1982 ________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. CHAPTER II ACQUISITION OF THE UNDERTAKINGS OF THE TWO SPECIFIED COMPANIES 3. Transfer to, and vesting in the Central Government of the undertakings of the two specified companies. 4. General effect of vesting. 5. Owners of the two specified companies to be liable for certain prior liabilities. CHAPTER III PAYMENT OF AMOUNT 6. Payment of amount. 7. Interest. CHAPTER IV DUTY OF PERSONS IN CHARGE OF MANAGEMENT OF THE UNDERTAKINGS OF THE TWO SPECIFIED COMPANIES TO DELIVER ALL ASSETS, ETC. 8. Duty of persons in charge of management of the undertakings of the two specified companies to deliver all assets, etc. 9. Duty of persons to account for assets, etc., in their possession. CHAPTER V MISCELLANEOUS 10. Act to have overriding effect 11. Penalties. 12. Offences by companies 13. Protection of action taken in good faith. 14. Delegation of powers 15. Power to make rules. 16. Power to remove difficulties. ----- # THE CHAPARMUKH-SILGHAT RAILWAY LINE AND THE KATAKHAL-LALABAZAR RAILWAY LINE (NATIONALISATION) ACT, 1982 ACT NO. 36 OF 1982 [17th _August, 1982.]_ # An Act to provide for the acquisition of the undertakings of the Chaparmukh-Silghat Railway Company Limited in relation to the Chaparmukh-Silghat Railway Line and the undertakings of the Katakhal-Lalabazar Railway Company Limited in relation to the Katakhal-Lalabazar Railway Line with a view to securing the efficient operation of the said Railway lines so as to subserve the needs of the north-eastern areas of India and to protect the links of communication between the said areas and the rest of the country and for matters connected therewith or incidental thereto. WHEREAS the Chaparmukh-Silghat Railway Line owned by the Chaparmukh-Silghat Railway Company Limited and the Katakhal-Lalabazar Railway Line owned by the Katakhal-Lalabazar Railway Company Limited, are vital communication links between the north-eastern areas of India and the rest of the country; AND WHEREAS the said Railway Lines are integrated with the metre gauge system of the contiguous North-East Frontier Railway; AND WHEREAS the condition of assets of the aforesaid companies has reached such a stage that it may not be possible to operate train services for long on the railway lines owned by them; AND WHEREAS it is necessary to secure the efficient operation of the said Railway lines; BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title.—This Act may be called the Chaparmukh-Silghat Railway Line and the** Katakhal-Lalabazar Railway Line (Nationalisation) Act, 1982. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the day on which this Act comes into force; (b) “notification” means a notification published in the Official Gazette; (c) “specified company” means a company specified in clause (d); (d) “two specified companies” means,— (i) the Chaparmukh-Silghat Railway Company Limited, being a company as defined in the Companies Act, 1956 (1 of 1956) and having its registered office at 12, Mission Row, Calcutta; and (ii) the Katakhal-Lalabazar Railway Company Limited, being a company as defined in the Companies Act, 1956 (1 of 1956) and having its registered office at Mcleod House, 3, Netaji Subhash Road, Calcutta; (e) “undertakings” means,— (i) in relation to the Chaparmukh-Silghat Railway Company Limited, the Chaparmukh-Silghat Railway Line and all other undertakings of that company relating to that Railway line; (ii) in relation to the Katakhal-Lalabazar Railway Company Limited, the Katakhal-Lalabazar Railway line and all other undertakings of that company relating to that Railway line; (f) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956) shall have the meanings respectively assigned to them in that Act. ----- CHAPTER II ACQUISITION OF THE UNDERTAKINGS OF THE TWO SPECIFIED COMPANIES **3. Transfer to, and vesting in the Central Government of the undertakings of the two specified** **companies.—On the appointed day, the undertakings of each of the two specified companies and the** right, title and interest of each of the two specified companies in relation to such 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 each specified 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, cheques, demand drafts, 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 specified company, whether within or outside India, and all books of account, registers and all 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 encumbrances affecting them, and any attachment, injunction, decree or order of any court 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) 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 amounts payable under sections 6 and 7 to the specified company owning such property, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Central Government. (4) Any licence or other instrument granted to a specified 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 that 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 3 in the Central Government, that Government shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to that Government and that Government shall hold it for the remainder of the period for which the specified company would have held it under the terms thereof. **5.** **Owners of the two specified companies to be liable for certain prior liabilities.—(1) Every** liability of a specified company in respect of any period prior to the appointed day, shall be the liability of the specified company and shall be enforceable against it and not against the Central Government. (2) For the removal of doubts, it is hereby declared that,— (a) no liability of either of the two specified companies in relation to its undertakings in respect of any period prior to the appointed day, shall be enforceable against the Central Government; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of either of the two specified companies passed on or after the appointed day, in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the Central Government; (c) no liability incurred by a specified 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. ----- CHAPTER III PAYMENT OF AMOUNT **6. Payment of amount.—(1) For the transfer to, and vesting in, the Central Government, under** section 3, of the right, title and interest of each of the two specified companies in relation to its undertakings, there shall be paid in cash by the Central Government, before the expiry of a period of three months from the appointed day,— (i) to the Chaparmukh-Silghat Railway Company Limited, an aggregate amount of rupees ten lakhs and fifty thousand; and (ii) to the Katakhal-Lalabazar Railway Company Limited, an aggregate amount of rupees nine lakhs. (2) Notwithstanding anything contained in sub-section (1), out of the amount referred to in clause (i) of that sub-section, the Central Government shall deduct, in the first instance, any amount due from the Chaparmukh-Silghat Railway Company Limited to that Government and the liability of that company shall, to the extent of such deduction, stand discharged and such deduction shall have priority over all other debts, secured or unsecured. (3) Notwithstanding anything contained in sub-section (1), out of the amount referred to in clause (ii) of that sub-section, the Central Government shall deduct, in the first instance, the amount due from the Katakhal-Lalabazar Railway Company Limited in respect of the secured debentures issued by that company and shall pay the sums so deducted for the redemption of such debentures and the liability of that company in relation to the said debentures shall, to the extent of such deduction, stand discharged and such deduction shall have priority over all other debts, secured or unsecured. **7. Interest.—The amount referred to in clause (i) or clause (ii) of sub-section (1) of section 6 as** reduced by the deduction under that section, shall, if not paid to the company concerned before the expiry of the period specified in the said sub-section, 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 as so reduced is made by the Central Government to that company: Provided that if the amount as so reduced is tendered to the specified company but not accepted by it, no interest shall run from the date of such tender. CHAPTER IV DUTY OF PERSONS IN CHARGE OF MANAGEMENT OF THE UNDERTAKINGS OF THE TWO SPECIFIED COMPANIES TO DELIVER ALL ASSETS, ETC. **8. Duty of persons in charge of management of the undertakings of the two specified companies** **to deliver all assets, etc.—On the vesting of the undertakings of the two specified companies in the** Central Government, all persons in charge of the management of the undertakings immediately before such vesting, shall be bound to deliver to the Central Government all assets, books of account, registers or other documents in their custody relating to the undertakings. **9. 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 a specified company which have vested in the Central Government and which belong to the specified company, or would have so belonged, if the undertakings owned by the specified company had not vested in the Central Government, shall be liable to account for the said assets, books, documents and other papers to the Central Government and shall deliver them up to the Central Government or to such person or persons as the Central Government 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 two specified companies which have vested in the Central Government under this Act. ----- (3) The two specified companies shall within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all their properties 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 shall afford to the two specified companies all reasonable facilities. CHAPTER V MISCELLANEOUS **10. 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 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. **11. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of any undertaking of either of the two specified companies, wrongfully withholds such property from the Central Government; or (b) wrongfully obtains possession of, or retains any property forming part of any undertaking of either of the two specified companies; or (c) wilfully withholds or fails to furnish to the Central Government or any person or persons specified by that Government any document relating to such undertaking, which may be in his possession, custody or control; or (d) fails to deliver to the Central Government or any person or persons specified by that Government, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of either of the two specified companies; or (e) wrongfully removes or destroys any property forming part of any undertaking of either of the two specified companies or prefers any claim 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. **12. Offences by companies.—(1) Where an offence under this Act has been committed by a** company, every person who, at the time of 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. ----- **13. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Central Government or any officer or other employee of that Government or any officer or other person authorised by that 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 any officer or other employee of that Government or any officer or other person authorised by that Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. **14. 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 15 and 16 may also be exercised by such person or persons as may be specified in the said 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. **15. Power to make rules.—(1) The Central Government may, by notification, make rules for** 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. **16. 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. -----

19-Aug-1982

40

The Chit Funds Act, 1982

https://www.indiacode.nic.in/bitstream/123456789/1797/1/A1982-40.pdf

central

# THE CHIT FUNDS ACT, 1982 (Last Updated on 1st January, 2020). ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Act to override other laws, memorandum, articles, etc. CHAPTER II REGISTRATION OF CHITS, COMMENCEMENT AND CONDUCT OF CHIT BUSINESS 4. Prohibition of chits not sanctioned or registered under the Act. 5. Prohibition of invitation for subscriptions except under certain conditions. 6. Form of chit agreement. 7. Filing of chit agreement. 8. Minimum capital requirements for the commencement, etc., of a chit, and creation of a reserve fund, by a company. 9. Commencement of chit. 10. Copies of chit agreement to be given to subscribers. 11. Use of words “chit”, “chit fund”, “chitty”, “kuri”, “fraternity fund”, or “Rotating Savings and Credit Institution”. 12. Prohibition of transacting business other than chit business by a company. 13. Aggregate amount of chits. 14. Utilisation of funds. 15. Alteration of chit agreement. 16. Date, time and place of conducting chits. 17. Minutes of proceedings. 18. Copies of minutes to be filed with Registrar. 19. Restriction on opening of new place of business. CHAPTER III RIGHTS AND DUTIES OF FOREMAN 20. Security to be given by foreman. 21. Rights of foreman. 22. Duties of foreman. 23. Books, records, etc., to be kept by foreman. 24. Balance sheet. 1 ----- SECTIONS 25. Liability of foreman to subscribers. 26. Withdrawal of foreman. CHAPTER IV RIGHTS AND DUTIES OF NON-PRIZED SUBSCRIBERS 27. Non-prized subscribers to pay subscriptions and obtain receipts. 28. Removal of defaulting subscribers. 29. Substitution of subscribers. 30. Amounts due to defaulting subscribers. CHAPER V RIGHTS AND DUTIES OF PRIZED SUBSCRIBERS 31. Prized subscriber to furnish security. 32. Prized subscriber to pay subscriptions regularly. 33. Foreman to demand future subscriptions by written notice. CHAPTER VI TRANSFERS 34. Restrictions on transfer of rights of foreman. 35. Transfer of non-prized subscriber’s rights to be in writing. 36. Recognition of transfer by foreman. 37. Entry of transferee’s name in the books. CHAPTET VII MEETINGS OF GENERAL BODY OF SUBSCRIBERS 38. Meetings of general body of subscribers. CHAPTER VIII TERMINATION OF CHITS 39. Provision for continuation of chits in certain cases. 40. Termination of chits. 41. Copy of assent or consent to be filed with Registrar. 42. Refund of non-prized subscribers’ subscriptions. 43. Subscribers’ dues to be first charge on chit assets. CHAPTER IX INSPECTION OF DOCUMENTS 44. Foreman to allow certain subscribers to inspect chit records. 45. Preservation of chit records by foreman. 46. Inspection of chit books and records by Registrar. 47. Power of Reserve Bank to inspect chit books and records. 2 ----- CHAPTER X WINDING UP OF CHITS SECTIONS 48. Circumstances under which chits may be wound up. 49. Application for winding up. 50. Bar to winding up proceedings. 51. Commencement and effect of winding up order. 52. Injunction order. 53. Powers of Registrar. 54. Vesting of chit assets in Registrar or other persons. 55. Suits, etc., to be stayed on winding up order. 56. Notification of winding up order. 57. Cessation of winding up proceedings on insolvency of foreman, etc., or the winding up of the company and transfer of such proceedings. 58. Award of compensation to foreman. 59. Right to appeal. 60. Limitation. CHAPTER XI APPOINTMENT OF OFFICERS AND LEVY OF FEES 61. Appointment of Registrar and other officers. 62. Inspection of documents in Registrar’s office. 63. Levy of fees. CHAPTER XII DISPUTES AND ARBITRATION 64. Disputes relating to chit business. 65. Period of limitation. 66. Settlement of disputes. 67. Procedure for settlement of disputes and powers of Registrar or nominee. 68. Attachment before judgment and other interlocutory orders. 69. Decision of Registrar or nominee. 70. Appeal against decision of Registrar or nominee. 71. Money how recovered. 72. Private transfer of property made after issue of certificate void against foreman. CHAPTER XIII MISCELLANEOUS 73. Advisory role of Reserve Bank. 74. Appeals. 75. Powers of Registrar to give extension of time for filing documents. 3 ----- SECTIONS 76. Penalties. 77. Penalty for second and subsequent convictions. 78. Application of fine. 79. Offences by companies. 80. Cognizance of offences. 81. Power to compound offences. 82. Power to enter and search any place and to seize any documents. 83. Officers to be public servants. 84. Power to delegate. 85. Act not to apply to certain chits. 86. Banks not to conduct chit business. 87. Power to exempt. 88. Protection of action taken under the Act. 89. Power to make rules. 90. Repeal and saving. THE SCHEDULE. 4 ----- # THE CHIT FUNDS ACT, 1982 ACT NO. 40 OF 1982 [19th August, 1982.] # An Act to provide for the regulation of chit funds and for matters connected therewith. BE it enacted by Parliament in the Thirty-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 Chit Funds Act, 1982.** (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. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “approved bank” means 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 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. The provisions of this Act shall come into force in— the State of West Bengal on 2nd April, 1984, _vide notification No. S.O. 143(E), dated 1st March, 1984, see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). the State of Tamil Nadu on 13th April, 1984, _vide notification No. S.O. 281(E), dated 12th April, 1984,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). the State of Himachal Pradesh on 1st November, 1984, _vide notification No. S.O. 808(E), dated 29th October, 1984,_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). the State of Sikkim on 6th November, 1984, vide notification No. S.O. 837(E), dated 14th November, 1984, see Gazette of India, Extraordinary, Part II, sec. 3(ii). the Union territory of Andaman and Nicobar Islands on 1st July, 1985, vide notification No. S.O. 493(E), dated 27th June, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(ii). the Union territory of Pondicherry on 1st November, 1986 _vide notification No. S.O. 771(E), dated 28th October, 1986_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). the State of Rajasthan on 1st July, 1989 _vide notification No. S.O. 481(E), dated 26th June, 1989, see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). the State of Assam on 1st March, 1990, _vide notification No. S.O. 166(E), dated 22nd February, 1992,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). the State of Manipur on 1st November, 1994, vide notification No. S.O. 779(E), dated 28th October, 1994, see Gazette of India, Extraordinary, Part II, sec. 3(ii). the State of Tripura on 1st March, 1995, vide notification No. S.O. 131(E), dated 1st March, 1995 _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). the State of Bihar on 2nd October,1987, _vide notification No. S.O. 864(E), dated 28th September, 1987,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). the State of Punjab on 1st April, 1999, _vide notification No. S.O. 204(E), dated 31st March, 1999,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). the State of Karnataka on 2nd January, 1984 vide notification No. S.O. 946(E), dated 30th December, 1983, see Gazette of India, Extraordinary, Part II, sec. 3(ii). the Union territory of Chandigarh on 1st May, 1984, _vide notification No. S.O. 322(E), dated 27th April, 1984,_ _see Gazette of India,_ Extraordinary, Part II, sec. 3(ii). the Union territory of Dadra and Nagar Haveli on 3rd September, 1984, vide notification No. S.O. 660(E), dated 30th August, 1984, see Gazette of India, Extraordinary, Part II, sec. 3(ii). the State of Orissa on 1st September, 1985, _vide notification No. S.O. 629(E), dated 26th August, 1985,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). the Union territory of Goa, Daman & Diu on 1st January, 1986, vide notification No. S.O. 910(E), dated 24th December, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(ii). the State of Madhya Pradesh on 1st July 1986, vide notification No. S.O. 381(E), dated 27th June, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(ii). the State of Meghalaya on 2nd January, 1988, _vide notification No. S.O. 1135(E), dated 30th December, 1987,_ _see_ Gazette of India, Extraordinary, Part II, sec. 3(ii). the State of Uttar Pradesh on 1st February, 1988, vide notification No. S.O. 133(E), dated 29th January, 1988, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 5 ----- Banks Act, 1976 (21 of 1976), or a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), or a banking company as defined under clause (e) 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 such other banking institution as the State Government may, in consultation with the Reserve Bank, approve for the purposes of this Act; (b) “chit” means a transaction whether called chit, chit fund, _chitty, kuri_ [1][, fraternity fund, Rotating Savings and Credit Institution] or by any other name by or under which a person enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of periodical instalments over a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction of by tender or in such other manner as may be specified in the chit agreement, be entitled to the [2][net chit amount]. _Explanation.—A transaction is not a chit within the meaning of this clause, if in such_ transaction,— (i) some alone, but not all, of the subscribers get the [2][net chit amount] without any liability to pay future subscriptions; or (ii) all the subscribers get the [3][gross chit amount] by turns with a liability to pay future subscriptions; (c) “chit agreement” means the document containing the articles of agreement between the foreman and the subscribers relating to the chit; 4* - - - *; (e) “chit business” means the business of conducting a chit; (f) “defaulting subscriber” means a subscriber who has defaulted in the payment of subscriptions due in accordance with the terms of the chit agreement; (g) “discount” means the sum of money or the quantity of grain which a prized subscriber is, under the terms of the chit agreement, required to forego and which is set apart under the said agreement to meet the expenses of running the chit or for distribution among the subscribers or for both; 5* - - - *; (i) “draw” means the manner specified in the chit agreement for the purpose of ascertaining the prized subscriber at any instalment of the chit; (j) “foreman” means the person who under the chit agreement is responsible for the conduct of the chit and includes any person discharging the functions of the foreman under section 39; 6[(ja) “gross chit amount” means the sum-total of the subscriptions payable by all the subscribers for any installment of a chit without any deduction of discount or otherwise; (jb) “net chit amount” means the difference between the gross chit amount and the discount, and in the case of a fraction of a ticket means the difference between the gross chit amount and the discount proportionate to the fraction of the ticket, and when the net chit amount is payable otherwise than in cash, the value of the net chit amount shall be the value at the time when it becomes payable;] 1. Ins. by Act 41 of 2019, s. 2 (w.e.f. 1-1-2020). 2. Subs. by s. 3, ibid., for “prize amount” (w.e.f. 1-1-2020). 3. Subs. by s. 3, ibid., for “chit amount” (w.e.f. 1-1-2020). 4. Clause (d) omitted by s. 2, ibid. (w.e.f. 1-1-2020). 5. Clause (h) omitted by s. 2, ibid. (w.e.f. 1-1-2020). 6. Ins. by s. 2, ibid., (w.e.f. 1-1-2020). 6 ----- (k) “non-prized subscriber” does not include a defaulting subscriber; (l) “prescribed” means prescribed by rules made under this Act; 1* - - - (n) “prized subscriber” means a subscriber who has either received or is entitled to receive the 2[net chit amount]; (o) “Registrar” means the Registrar of Chits appointed under section 61, and includes an Additional, a Joint, Deputy or an Assistant Registrar appointed under that section; (p) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934); 3[(pa) “share of discount” means the share of the subscriber in the amount of discount available under the chit agreement for rateable distribution among the subscribers at each instalment of the chit.] (q) “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; (r) “subscriber” includes a person who holds a fraction of a ticket and also a transferee of a ticket or fraction thereof by assignment in writing or by operation of law; (s) “ticket” means the share of a subscriber in a chit. **3. Act to override other laws, memorandum, articles, etc.—Save as otherwise expressly provided** in this Act,— (a) the provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in the memorandum or articles of association or bye-laws or in any agreement or resolution whether the same be registered, executed or passed, as the case may be, before or after the commencement of this Act; and (b) any provision contained in the memorandum, articles, bye-laws, agreement or resolution aforesaid, shall, to the extent to which it is repugnant to the provisions of this Act, become or be void, as the case may be. CHAPTER II REGISTRATION OF CHITS, COMMENCEMENT AND CONDUCT OF CHIT BUSINESS **4. Prohibition of chits not sanctioned or registered under the Act.—(1) No chit shall be** commenced or conducted without obtaining the previous sanction of the State Government within whose jurisdiction the chit is to be commenced or conducted or of such officer as may be empowered by that Government in this behalf, and unless the chit is registered in that State in accordance with the provisions of this Act: Provided that a sanction obtained under this sub-section shall lapse if the chit is not registered within twelve months from the date of such sanction or within such further period or periods not exceeding six months in the aggregate as the State Government may, on application made to it in this behalf, allow. (2) An application for the purpose of obtaining a sanction under sub-section (1) shall be made by the foreman in such form and in such manner as may be prescribed. (3) The previous sanction referred to in sub-section (1) may be refused, if the foreman,— (a) had been convicted of any offence under this Act or under any other Act regulating chit business and sentenced to imprisonment for any such offence; or 1. Clause (m) omitted by Act 41 of 2019, s. 2 (w.e.f. 1-1-2020). 2. Subs. by s. 3, ibid., for “prize amount” (w.e.f. 1-1-2020). 3. Ins. by s. 2, ibid. (w.e.f. 1-1-2020). 7 ----- (b) had defaulted in the payment of fees or the filing of any statement or record required to be paid or filed under this Act or had violated any of the provisions of this Act or the rules made thereunder; or (c) had been convicted of any offence involving moral turpitude and sentenced to imprisonment for any such offence unless a period of five years has elapsed since his release: Provided that before refusing any such sanction, the foreman shall be given a reasonable opportunity of being heard. (4) The order of the State Government, and, subject to the provisions of sub-section (5), the order of the officer empowered under sub-section (1), issuing or refusing previous sanction under this section shall be final. (5) Any person aggrieved by the refusal to issue previous sanction by an officer empowered under sub-section (1) may appeal to the State Government within thirty days of the date of communication to him of such refusal and the decision of that Government on such appeal shall be final. **5. Prohibition of invitation for subscriptions except under certain conditions.—No person shall** issue or cause to be issued any notice, circular, prospectus, proposal or other document inviting the public to subscribe for tickets in any chit unless such notice, circular, prospectus, proposal or document contains a statement that the previous sanction required under section 4 has been obtained and the particulars of such sanction. **6. Form of chit agreement.—(1) Every chit agreement shall be in duplicate and shall be signed by** each of the subscribers or by any person authorised by him in writing and the foreman and attested by at least two witnesses and it shall contain the following particulars, namely:— (a) full name and residential address of every subscriber; (b) the number of tickets including the fraction of a ticket held by each subscriber; (c) the number of instalments, the amount payable for each ticket at every instalment and the interest or penalty, if any, payable on any default in the payment of such instalments; (d) the probable date of commencement and the duration of the chit; (e) the manner of ascertaining the prized subscriber at each instalment; (f) the maximum amount of discount which the prized subscriber has to forego at any instalment; (g) the mode and proportion in which the discount is distributable by way of [1][share of discount], foreman’s commission or remuneration of expenses for running the chit, as the case may be; (h) the date, time and place at which the chit is to be drawn; (i) the instalment at which the foreman is to get the [2][gross chit amount]; (j) the name of the approved bank in which chit moneys shall be deposited by the foreman under the provisions of this Act; (k) where the foreman is an individual, the manner in which a chit shall be continued when such individual dies or becomes of unsound mind or is otherwise incapacitated; (l) the consequences to which a non-prized or prized subscriber or the foreman shall be liable in case of violation of any of the provisions of the chit agreement; (m) the conditions under which a subscriber shall be treated as a defaulting subscriber; (n) the nature and particulars of the security to be offered by the foreman; 1. Subs. by Act 41of 2019, s. 3, for “dividend” (w.e.f. 1-1-2020). 2. Subs. by s. 3, ibid., for “chit amount” (w.e.f. 1-1-2020). 8 ----- (o) the dates on which and time during which the foreman shall, subject to the provisions contained in section 44, allow inspection of chit records to non-prized and unpaid prized subscribers; (p) the names of the nominees of each subscriber, that is to say, the names of the persons to whom the benefits accruing to the subscriber under the chit may be paid in the case of the death of the subscriber or when he is otherwise incapable of making an agreement; (q) any other particulars that may, from time to time, be prescribed. _Explanation.—For the purposes of this sub-section, it shall be sufficient if the signature of each_ subscriber is obtained in separate copies of the agreement. (2) The duration of a chit shall not extend beyond a period of five years from the date of its commencement: Provided that the State Government may permit the duration of a chit up to a period of ten years if it is satisfied that it is necessary so to do, having regard to,— (a) the financial condition of the foreman; (b) his methods of operation; (c) the interests of prospective subscribers; (d) the requirements as to security; and (e) such other factors as the circumstances of the case may require. (3) The amount of discount referred to in clause (f) of sub-section (1) shall not exceed [1][thirty per cent.] of the [2][gross chit amount]. (4) Where the prized subscriber at any instalment of the chit is required to be determined by auction and more than one person offer the maximum discount, the prized subscriber shall be determined by lot. **7. Filing of chit agreement.—(1) Every chit agreement shall be filed in duplicate by the foreman** with the Registrar. (2) The Registrar shall retain one copy of the chit agreement and return the duplicate to the foreman with an endorsement that the chit agreement has been registered: Provided that the Registrar may refuse to register the chit agreement on any one or more of the following grounds, namely:— (a) that the security offered by the foreman under section 20 is insufficient; (b) that the foreman had been convicted of any offence under this Act or under any other Act regulating chit business and sentenced to imprisonment for any such offence; (c) that the foreman had defaulted in the payment of fees or the filing of any statement or record required to be paid or filed under this Act or had violated any of the provisions of this Act or the rules made thereunder; (d) that the foreman had been convicted of any offence involving moral turpitude and sentenced to imprisonment for any such offence unless a period of five years has elapsed since his release: Provided further that before refusing to register a chit under the first proviso, the foreman shall be given a reasonable opportunity of being heard. (3) Every endorsement made under sub-section (2) shall be conclusive evidence that the chit is duly registered under this Act and the registration of a chit shall lapse if the declaration by the foreman under sub-section (1) of section 9 is not filed within three months from the date of such endorsement or within such further period or periods not exceeding three months in the aggregate as the Registrar may, on application made to him in this behalf, allow. **8. Minimum capital requirements for the commencement, etc., of a chit, and creation of a** **reserve fund, by a company.—(1) Notwithstanding anything contained in the Companies** 1. Subs. by Act 10 of 2001, s. 2, for “forty per cent.” (w.e.f. 01-10-2001). 2. Subs. by Act 41 of 2019, s. 3, for “chit amount” (w.e.f. 1-1-2020). 9 ----- Act, 1956 (1 of 1956), but subject to the provisions of this Act, a company shall not commence or carry on chit business unless it has a paid-up capital of not less than rupees one lakh. (2) Every company having a paid-up capital of less than rupees one lakh and carrying on chit business on the commencement of this Act, shall, before the expiry of a period of three years from such commencement, increase its paid-up capital of not less than rupees one lakh: Provided that the State Government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of three years in respect of any company by such further period or periods not exceeding two years in the aggregate: Provided further that no such company shall commence any new chit the duration of which would extend beyond the said period of three years or such extended period or periods under the first proviso unless it increases its paid-up capital to not less than rupees one lakh. (3) Every company carrying on chit business shall create and maintain a reserve fund and shall, out of the balance of profit of each year as disclosed in its profit and loss account and before any [1][share of discount] on its shares is declared, transfer to such reserve fund, a sum equal to not less than ten per cent. of such profit. (4) No company shall appropriate any sum or sums from the reserve fund except with the prior approval of the Registrar and, for the purpose of obtaining such approval, it shall make an application in the prescribed form to the Registrar explaining the circumstances relating to such appropriation. **9. Commencement of chit.—(1) Every foreman shall, after all the tickets specified in the chit** agreement are fully subscribed, file a declaration to that effect with the Registrar. (2) As soon as may be after a declaration is filed under sub-section (1), the Registrar shall, after satisfying himself that all the requirements relating to sanction, registration of chit and other matters have been duly complied with, grant a certificate of commencement to the foreman. (3) No foreman shall commence any auction or the draw of any chit or appropriate any [2][gross chit amount] unless a certificate of commencement referred to in sub-section (2) is obtained by him. **10. Copies of chit agreement to be given to subscribers.—(1) A foreman shall, as soon as may be** after he has obtained the certificate of commencement under sub-section (2) of section 9, but not later than the date of the first draw of the chit, furnish to every subscriber, a copy of the chit agreement certified to be a true copy. (2) A foreman shall, within fifteen days after the close of the month in which the draw for the first instalment of the chit is held, file with the Registrar, a certificate to the effect that the provisions of sub-section (1) have been complied with. **3[11. Use of words “chit”, “chit fund”, “chitty”, “kuri”, “fraternity fund” or “Rotating Savings** **and Credit Institution”.—(1) No person shall carry on chit business unless he uses as part of his name** any of the words "chit", "chit fund", "chitty", "kuri", "fraternity fund" or "Rotating Savings and Credit Institution" and no person other than a person carrying on chit business shall use as part of his name any such word. (2) Where at the commencement of this Act,— (a) any person is carrying on chit business without using as part of his name any of the words specified in sub-section (1); or (b) any person not carrying on chit business is using any such word as part of his name, he shall, within a period of one year from such commencement, add as part of his name any such word or, as the case may be, delete such word from his name: Provided that the State Government may, if it considers necessary in the public interest or for avoiding any hardship, extend the said period of one year by such further period or periods not exceeding one year in the aggregate.] 1. Subs. by Act 41of 2019, s. 3, for “dividend” (w.e.f. 1-1-2020). 2. Subs. by s. 3, ibid., for “chit amount” (w.e.f. 1-1-2020). 3. Subs. by s. 4, ibid., for section 11 (w.e.f. 1-1-2020). 10 ----- **12. Prohibition of transacting business other than chit business by a company.—(1) Except with** the general or special permission of the State Government, no company carrying on chit business shall conduct any other business. (2) Where at the commencement of this Act, any company is carrying on any business in addition to chit business, it shall wind up such other business before the expiry of a period of three years from such commencement: Provided that the State Government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of three years by such further period or periods not exceeding two years in the aggregate. **13. Aggregate amount of chits.—(1) No foreman, other than a firm or other association of** individuals or a company or co-operative society, shall commence or conduct chits, the aggregate [1][gross chit amount] of which at any time exceeds [2][ rupees three lakh]. (2) Where the foreman is a firm or other association of individuals, the aggregate [1][gross chit amout] of the chits conducted by the firm or other association shall not at any time exceed,— (a) where the number of partners of the firm or the individuals constituting the association is not less than four, a sum of rupees [3][rupees eighteen lakhs]; (b) in any other case, a sum calculated on the basis of [2][rupees three lakh] with respect to each such partner or individual. (3) Where the foreman is a company or co-operative society, the aggregate [1][gross chit amount] of the chits conducted by it shall not at any time exceed ten times the net owned funds of the company or the co-operative society, as the case may be. _Explanation.—For the purposes of this sub-section, “net owned funds” shall mean the aggregate of_ the paid-up capital and free reserves as disclosed in the last audited balance sheet of the company or cooperative society, as reduced by the amount of accumulated balance of loss, deferred revenue, expenditure and other intangible assets, if any, as disclosed in the said balance-sheet. **14. Utilisation of funds.—(1) No person carrying on chit business shall utilise the moneys collected** in respect of such business (other than commission or remuneration payable to such person or interest or penalty, if any, received from a defaulting subscriber), except for— (a) carrying on chit business; or (b) giving loans and advances to non-prized subscribers on the security of subscriptions paid by them; or (c) investing in trustee securities within the meaning of section 20 of the Indian Trusts Act, 1882 (2 of 1882); or (d) making deposits with approved banks mentioned in the chit agreement. (2) Where any person carrying on chit business has utilised the moneys collected in respect of such business before the commencement of this Act, otherwise than for the purposes specified in sub-section (1), he shall secure that so much of such moneys as have not been realised before such commencement are realised before the expiry of a period of three years from such commencement: Provided that the State Government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of three years by such further period or periods not exceeding one year in the aggregate. **15. Alteration of chit agreement.—A chit agreement shall not be altered, added to or cancelled** except with the consent in writing of the foreman and all the subscribers to the chit. 1. Subs. by Act 41 of 2019, s. 3, for “chit amount” (w.e.f. 1-1-2020). 2. Subs. by s. 5, ibid., “rupees one lakh” (w.e.f. 01-10-2020). 3. Subs. by s. 5, ibid., for, “rupees six lakhs” (w.e.f. 01-01-2020). 11 ----- **16. Date, time and place of conducting chits.—(1) Every draw in a chit shall be held on the date, at** the time and place mentioned in the chit agreement and a notice therefor in such form and in such manner as may be prescribed shall be issued by the foreman to all the subscribers. (2) Every such draw shall be conducted in accordance with the provisions of the chit agreement and in the presence of not less than two subscribers [1][present in person or through video conferencing duly recorded by the foreman.] (3) Where any draw was not conducted on the ground that two subscribers required to be present at a draw under sub-section (2) were not present or on any other ground, the Registrar may, on his own motion or on an application made by the foreman or any of the subscribers, direct that the draw shall be conducted in his presence or in the presence of any person deputed by him. **17. Minutes of proceedings.—(1) The minutes of the proceedings of every draw shall be prepared** and entered in a book to be kept for that purpose immediately after the closure of the draw and shall be signed by the foreman, the prized subscribers, if present, or their authorised agents, and at least two other subscribers who are present [2][in person or through video conferencing], and where a direction has been made under sub-section (3) of section 16, also by the Registrar or the person deputed by him under that sub-section. 2[Provided that where two subscribers required to be present under sub-section (2) of section 16 are present through video conferencing, the foreman shall have the minutes of the proceedings signed by such subscribers within a period of two days of the date of the draw.] (2) The minutes referred to in sub-section (1) shall state clearly— (a) the date and hour when proceedings began and ended and the place where the draw was held; (b) the number of the instalment of the chit to which the proceedings relate; (c) the names of the subscribers present; (d) the person or persons who become entitled to the [3][net chit amount] in the instalment; (e) the amount of discount; (f) full particulars regarding the disposal of the unpaid [3][net chit amount], if any, in respect of any previous instalment; and (g) any other particulars that may be prescribed. **18. Copies of minutes to be filed with Registrar.—A true copy of the minutes of the proceedings of** every draw certified as such by the foreman shall be filed by the foreman with the Registrar within twenty-one days from the date of the draw to which it relates. **19. Restriction on opening of new place of business.—(1) No person carrying on chit business shall** open a new place of business without obtaining the prior approval of the Registrar within whose territorial jurisdiction his registered office or, as the case may be, the place or the principal place of business is situated. (2) Before granting approval under sub-section (1), the Registrar shall consult the Registrar of the State within whose territorial jurisdiction the new place of business is proposed to be opened and shall also keep in view the financial condition and methods of operation of the foreman, the extent to which public interest will be served by the opening of the new place of business and such other matters as may be prescribed. (3) Where a person carrying on chit business opens a new place of business in a State other than the State (hereinafter referred to as the State of origin) in which his registered office or the place or the principal place of his business is situated, the Registrar of the State in which such new place of business is opened may also exercise and perform any of the powers and functions which the Registrar of the State of origin may exercise and perform in respect of the chit business carried on at such new place of business. 1. Ins. by Act 41 of 2019, s. 6 (w.e.f. 1-1-2020). 2. Ins. by s. 7, ibid. (w.e.f. 1-1-2020). 3. Subs. by s. 3, for “prize amount” (w.e.f. 1-1-2020). 12 ----- (4) For the purposes of this section, “place of business” shall include any branch office, sub-office, or any place of business where the chit business may be conducted by such person. CHAPTER III RIGHTS AND DUTIES OF FOREMAN **20. Security to be given by foreman.—(1) For the proper conduct of the chit, every foreman shall,** before applying for a previous sanction under section 4,— 1[(a) deposit in the name of the Registrar, an amount equal to,— (i) fifty per cent. of the [2][gross chit amount] in cash in an approved bank; and (ii) fifty per cent. of the [2][gross chit amount] in the form of bank guarantee from an approved bank; or] (b) transfer Government securities of the face value or market value (whichever is less) of not less than one and a half times the [2][gross chit amount] in favour of the Registrar; or (c) transfer in favour of the Registrar such other securities, being securities in which a trustee may invest money under section 20 of the Indian Trusts Act, 1882 (2 of 1882), of such value, as may be prescribed by the State Government from time to time: Provided that the value of the securities referred to in clause (c) shall not, in any case, be less than one and a half times the value of the [2][gross chit amount]. (2) Where a foreman conducts more than one chit, he shall furnish security in accordance with the provisions of sub-section (1) in respect of each chit. (3) The Registrar may, at any time during the currency of the chit, permit the substitution of the security: Provided that the face value or market value (whichever is less) of the substituted security shall not be less than the value of the security given by the foreman under sub-section (1). (4) The security given by the foreman under sub-section (1), or any security substituted under sub-section (3), shall not be liable to be attached in execution of a decree or otherwise until the chit is terminated and the claims of all the subscribers are fully satisfied. (5) Where the chit is terminated and the Registrar has satisfied himself that the claims of all the subscribers have been fully satisfied, he shall order the release of the security furnished by the foreman under sub-section (1), or the security substituted under sub-section (3), as the case may be, and in doing so, he shall follow such procedure as may be prescribed. (6) Notwithstanding anything to the contrary contained in any other law for the time being in force, the security furnished under this section shall not be dealt with by the foreman during the currency of the chit to which it relates and any dealing by the foreman with respect thereto by way of transfer or other encumbrances shall be null and void. **21. Rights of foreman.—(1) The foreman shall be entitled,—** (a) in the absence of any provision in the chit agreement to the contrary, to obtain the [2][gross chit amount] at the first instalment without deduction of the discount specified in the chit agreement, subject to the condition that he shall subscribe to a ticket in the chit: Provided that in a case where the foreman has subscribed to more than one ticket, he shall not be eligible to obtain more than one [2][gross chit amount] in a chit without discount; 1. Subs.by Act 10 of 2001, s. 4, for clause (a) (w.e.f. 01-10-2001). 2. Subs. by Act 41 of 2019, s. 3, for “chit amount” (w.e.f. 1-1-2020). 13 ----- (b) to such amount not exceeding [1][seven per cent.] of the [2][gross chit amount] as may be fixed in the chit agreement, by way of commission, remuneration or for meeting the expenses of running the chit; (c) to interest and penalty, if any, payable on any default in the payment of instalments and to such other amounts as may be payable to him under the provisions of the chit agreement; (d) to receive and realise all subscriptions from the subscribers and to distribute the prize amounts to the prized subscribers; (e) to demand sufficient security from any prized subscriber for the due payment of future subscriptions payable by him. _Explanation.—A security shall be deemed to be sufficient for the purposes of this clause if its_ value exceeds by one-third, or of it consists of immovable properties, the value of which exceeds by one-half, of the amount due from the prized subscriber; (f) to substitute subscribers in place of defaulting subscribers; [3]*** 4[(fa) to exercise his right to lien against the credit balance in other non-prized chits; and.] (g) to do all other acts that may be necessary for the due and proper conduct of the chit. (2) Where any dispute arises with regard to the value of the property offered as security under clause (e) of sub-section (1), it shall be referred to the Registrar for arbitration under section 64. **22. Duties of foreman.—(1) The foreman shall, on the prized subscriber furnishing sufficient** security for the due payment of future subscriptions, be bound to pay him the [5][net chit amount]: Provided that the prized subscriber shall be entitled to the payment of the [5][net chit amount] without any security whatsoever if he agrees to the deduction therefrom of the amount of all future subscriptions and in such a case, the foreman shall pay the [5][net chit amount] to the prized subscriber within seven days after the date of the draw or before the date of the next succeeding instalment, whichever is earlier: Provided further that where the [5][net chit amount] has been paid to the prized subscriber under the first proviso, the amount deducted shall be deposited by the foreman in an approved bank mentioned in the chit agreement and he shall not withdraw the amount so deposited except for the payment of future subscriptions. (2) If, owing to the default of the prized subscriber, the [5][net chit amount] due in respect of any draw remains unpaid until the date of the next succeeding instalment, the foreman shall deposit the [5][net chit amount] forthwith in a separate account in an approved bank mentioned in the chit agreement and intimate in writing the fact of such deposit and the reasons therefor to the prized subscriber and the Registrar: Provided that where any prized subscriber does not collect the [5][net chit amount] in respect of any instalment of a chit within a period of two months from the date of the draw, it shall be open to the foreman to hold another draw in respect of such instalment. (3) Every payment of the [5][net chit amount] or the amount of future subscriptions under sub-section (1), and the deposit of the [5][net chit amount] under sub-section (2), shall be intimated to the subscribers at the next succeeding draw and the particulars of such payment or deposit shall be entered in the minutes of the proceedings of that draw. (4) The foreman shall not appropriate to himself any amount in excess of what he is entitled to under clause (b) or clause (c) of sub-section (1) of section 21: 1. Subs. by Act 41 of 2019, s. 8, for “five per cent.” (w.e.f. 1-1-2020). 2. Subs. by s. 3, ibid., for “chit amount” (w.e.f. 1-1-2020). 3. The word “and” omitted by s. 8, ibid. (w.e.f. 1-1-2020). 4. Ins. by s. 8, ibid. (w.e.f. 1-1-2020). 5. Subs. by s. 3, ibid., for “prize amount” (w.e.f. 1-1-2020). 14 ----- Provided that where the foreman is himself a prized subscriber, he shall be entitled to appropriate to himself the [1][net chit amount] subject to his complying with the provisions of section 31: Provided further that the foreman may appropriate to himself the interest accruing on the amount deposited under the second proviso to sub-section (1). (5) The foreman shall not admit any person as a subscriber to a chit, if, by such admission, the total number of tickets mentioned in the chit agreement is increased. (6) The foreman shall distribute among the subscribers, in accordance with the chit agreement, the 2[share of discount] either in cash, grain or by way of adjustment towards the subscriptions payable for the next instalment, if any. **23. Books, records, etc., to be kept by foreman.—The foreman shall maintain in his registered** office, or, as the case may be, in the place or the principal place of his business, or, where the foreman has any branch office, sub-office or any place of business for the conduct of chit business in a State other than the State in which his registered office or the principal place of his business is situated, in such branch office, sub-office or place of business in respect of the business conducted in that State— (a) a register containing— (i) the names and full particulars of the subscribers in each chit together with the number of tickets held by each subscriber; (ii) the dates on which the subscribers signed the chit agreement; and (iii) in the case of an assignment of a ticket by a subscriber, the name and full address of the assignee with the date of assignment and the date on which the assignment had been recognised by the foreman; (b) a book containing the minutes of the proceedings of each draw; (c) a ledger containing— (i) the amounts paid by the subscribers in each chit and the dates of such payments; (ii) the amounts paid to the prized subscribers and the dates of such payments; and (iii) in the case of any deposit in an approved bank mentioned in the chit agreement, the date and the amount of such deposit; (d) a register in the prescribed form showing the amounts deposited in approved banks as required under the provisions of this Act in respect of all chits conducted by the foreman at his office; and (e) such other registers and books in such form as may be prescribed by the State Government within whose jurisdiction the chit is conducted. **24. Balance sheet.—Without prejudice to the provisions of the Companies Act, 1956 (1 of 1956),** every foreman shall prepare and file with the Registrar within such time as may be prescribed, a balance sheet as on the last date of each calendar year, or, as the case may be, the financial year of the foreman, and a profit and loss account relating to the year of account, in the forms set out in Parts I and II of the Schedule, or as near thereto as circumstances admit, in respect of the chit business and audited by auditors qualified to act as auditors under the Companies Act, 1956, or by a chit auditor appointed under section 61: Provided that where a balance sheet is audited by an auditor qualified to act as auditor under the Companies Act, 1956 (1 of 1956), a chit auditor appointed under section 61 shall have the right to audit the balance sheet at any time if so authorised by the Registrar in this behalf. 1. Subs. by Act 41 of 2019, s. 3, for “prize amount” (w.e.f. 1-1-2020). 2. Subs. by s. 3, ibid., for “dividend” (w.e.f. 1-1-2020). 15 ----- **25. Liability of foreman to subscribers.—(1) Every foreman shall be liable to account to the** subscribers for the amounts due to them. (2) Where there are more than one foreman in a chit, each one of them jointly and severally and, if the foreman is a firm or other association of individuals, each one of the partners or individuals thereof jointly and severally and, if the foreman is a company, the company as such, shall be liable to the subscribers in respect of the obligations arising out of the chit. **26. Withdrawal of foreman.—(1) No foreman, or where there are more than one foreman in a chit,** none of them shall withdraw from the chit until its termination unless such withdrawal is assented to in writing by all the non-prized and unpaid prized subscribers and a copy of such assent has been filed with the Registrar under section 41. (2) The withdrawal from a chit of any one of the foreman shall not affect the security given by him under section 20 or section 31. CHAPTER IV RIGHTS AND DUTIES OF NON-PRIZED SUBSCRIBERS **27. Non-prized subscribers to pay subscriptions and obtain receipts.—Every non-prized** subscriber shall pay his subscription due in respect of every instalment on the dates and times and at the places mentioned in the chit agreement and shall, on such payment, be entitled to obtain a receipt from the foreman. **28. Removal of defaulting subscribers.—(1) A non-prized subscriber who defaults in paying his** subscription in accordance with the terms of the chit agreement shall be liable to have his name removed from the list of subscribers and a written notice of such removal shall be given by the foreman to the defaulting subscriber within fourteen days of the date of such removal: Provided that if the defaulter pays the defaulted instalment with interest at such rate as may be prescribed within seven days of the date of receipt of such notice, his name shall be re-entered in the list of such subscribers. (2) Every such removal under sub-section (1) shall with the date thereof be entered in the relevant book maintained by the foreman. (3) A true copy of the entry referred to in sub-section (2) shall be filed by the foreman with the Registrar within fourteen days from the date of removal. (4) Any defaulting subscriber aggrieved by the removal of his name from the list of subscribers may, within seven days of the date of receipt of the notice of removal refer the matter to the Registrar for arbitration under section 64. **29. Substitution of subscribers.—(1) A foreman may substitute in the list of subscribers any person** (thereafter in this Chapter referred to as the substituted subscriber) in place of the defaulting subscriber whose name has been removed under sub-section (1) of section 28. (2) Every substitution referred to in sub-section (1) shall, with the date thereof, be entered in the relevant book maintained by the foreman and a true copy of every such entry shall be filed by the foreman with the Registrar within fourteen days from the date of substitution. **30. Amounts due to defaulting subscribers.—(1) A foreman shall, out of the amounts payable by** and realized from the substituted subscriber towards the instalments relatable to the period before the date of the substitution (including the arrears due from the defaulting subscriber), deposit, before the date of the next succeeding instalment, in a separate identifiable account in an approved bank mentioned in the chit agreement, an amount equal to the contributions made by the defaulting subscriber less such deductions as may be provided for in the chit agreement, and shall inform the defaulting subscriber as well as the Registrar of the fact of such deposit and shall not withdraw the amount so deposited except for payment to the defaulting subscriber. 16 ----- (2) The amount so deposited under sub-section (1) shall be paid to the defaulting subscriber as and when he claims the amount and the amount so deposited shall not be withdrawn by the foreman for any purpose other than for such payment. (3) The contributions of any defaulting subscriber who has not been substituted till the termination of the chit shall be paid to him within fifteen days from the date of termination of the chit subject to such deductions as may be provided for in the chit agreement. CHAPER V RIGHTS AND DUTIES OF PRIZED SUBSCRIBERS **31. Prized subscriber to furnish security.—Every prized subscriber shall, if he has not offered to** deduct the amount of all future subscriptions from the [1][net chit amount] due to him, furnish, and a foreman shall take, sufficient security for the due payment of all future subscriptions and, if the foreman is a prized subscriber, he shall give security for the due payment of all the future subscriptions to the satisfaction of the Registrar. **32. Prized subscriber to pay subscriptions regularly.—Every prized subscriber shall pay his** subscriptions regularly on the dates and times and at the place mentioned in the chit agreement and, on his failure to do so, he shall be liable to make a consolidated payment of all the future subscriptions forthwith. **33. Foreman to demand future subscriptions by written notice.—A foreman shall not be entitled** to claim a consolidated payment from a defaulting prized subscriber under section 32 unless he makes a demand to that effect in writing. (2) Where a dispute is raised under this Act by a foreman for a consolidated payment of future subscriptions from a defaulting prized subscriber and if the subscriber pays to the foreman on or before the date to which the dispute is posted for hearing the arrears of subscriptions till that date together with the interest thereon at the rate provided for in the chit agreement and the cost of adjudication of the dispute, the Registrar or his nominee hearing the dispute shall, notwithstanding any contract to the contrary, make an order directing the subscriber to pay to the foreman the future subscriptions on or before the dates on which they fall due, and that, in case of any default of such payments by the subscriber, the foreman shall be at liberty to realise, in execution of that order, all future subscriptions and interest together with the costs, if any, less the amount, if any, already paid by the subscriber in respect thereof: Provided that if any such dispute is on a promissory note, no order shall be passed under this sub-section unless such promissory note expressly states that the amount due under the promissory note is towards the payment of subscriptions to the chit. (3) Any person who holds any interest in the property furnished as security or part thereof, shall be entitled to make the payment under sub-section (2). (4) All consolidated payments of future subscriptions realised by a foreman shall be deposited by him in an approved bank mentioned in the chit agreement before the date of the succeeding instalment and the amount so deposited shall not be withdrawn except for payment of future subscriptions. (5) Where any property is obtained as security in lieu of the consolidated payment of future subscriptions, it shall remain as security for the due payment of future subscriptions. CHAPTER VI TRANSFERS **34. Restrictions on transfer of rights of foreman.—(1) No transfer of the rights of a foreman to** receive subscriptions from the prized subscribers shall be made without the previous sanction in writing of the Registrar. 1. Subs. by Act 41 of 2019, s. 3, for “prize amount” (w.e.f. 1-1-2020). 17 ----- (2) Any transfer of the rights of a foreman to receive subscriptions from the prized subscribers shall, if it is likely to defeat or delay the interests of a non-prized or unpaid prized subscriber, be voidable at the instance of such subscriber. (3) When under sub-section (2), a transfer is disputed by a subscriber, the burden of proving that the foreman was in solvent in circumstances at the time of the transfer and that the transfer does not defeat or delay the interests of such subscriber is on the transferee. **35. Transfer of non-prized subscriber’s rights to be in writing.—Every transfer by a non-prized** subscriber of his rights in the chit shall be in writing duly attested by at least two witnesses and shall be filed with the foreman. **36. Recognition of transfer by foreman.—Every transfer under section 35 shall, within a period of** fourteen days from the date of receipt of the proposal for transfer by the foreman, be recognised by him unless the transferee is not solvent or the transfer was effected with a view to defeating the provisions of any law including this Act and the decision of the foreman to recognise the transfer or not shall forthwith be communicated to the parties concerned. **37. Entry of transferee’s name in the books.—Every transfer under section 34 or section 35 shall** be entered by the foreman in the books of the chit forthwith and a true copy of such entry shall be filed by the foreman with the Registrar within fourteen days from the date of making such entry. CHAPTET VII MEETINGS OF GENERAL BODY OF SUBSCRIBERS **38. Meetings of general body of subscribers.—(1) The foreman may, on his own motion, convene a** special meeting of the general body of subscribers for considering any proposal to pass a special resolution. (2) The foreman shall convene such a meeting on the requisition in writing of not less than twenty-five per cent. of the number of non-prized and unpaid prized subscribers, and the meeting so convened shall be held within thirty days of the date of receipt of the requisition and if the foreman refused or fails to call such a meeting within fourteen days of the date of receipt of such requisition, not less than twenty-five per cent. of the number of non-prized and unpaid prized subscribers may give notice of the fact to the Registrar. (3) The Registrar shall, within twenty-one days of the receipt of the notice under sub-section (2), convene or direct the convening of a special meeting of the general body of the subscribers and on receipt of such a direction, it shall be the duty of the foreman to comply with such direction. (4) Notice of not less than fourteen days shall be given to all the subscribers of a meeting under this section specifying the object, date, hour and place of meeting and a copy of the special resolution shall also be sent along with the notice of the meeting. _Explanation.—For the purposes of this section and section 39, “special resolution” means a resolution_ which is passed at a meeting of the general body of the subscribers specially convened for the purpose, by a majority of not less than two-thirds of the subscribers to the chit present at the meeting in person or by proxy and representing not less than three-fourths of the amount or, as the case may be, the value of the grain, subscribed by all the non-prized and unpaid prized subscribers, if any. CHAPTER VIII TERMINATION OF CHITS **39. Provision for continuation of chits in certain cases.—(1) Where a foreman dies or becomes of** unsound mind or is otherwise incapacitated, the chit may continue in accordance with the provisions of the chit agreement. (2) Where a foreman is adjudicated an insolvent, or withdraws from the chit under section 26, or fails to conduct the chit at any instalment or on any other date before the next succeeding instalment as may have been agreed upon by a special resolution, any one or more of such subscribers authorised by such resolution may, in the absence of any provision in the chit agreement for the future conduct of the chit, 18 ----- take the place of the foreman and continue the chit or make other arrangements for the further conduct of the chit. **40. Termination of chits.—A chit shall be deemed to have terminated,—** (a) when the period specified therefor in the chit agreement has expired provided the payment of dues to all the subscribers has been completed; or (b) when all the non-prized and unpaid prized subscribers and the foreman consent in writing to the termination of the chit and a copy of such consent is filed with the Registrar as required under section 41; or (c) where a foreman dies or becomes of unsound mind or is otherwise incapacitated and the chit is not continued in accordance with the provisions of the chit agreement: Provided that, in a case where the foreman is a firm, if a partner thereof dies or becomes of unsound mind or is otherwise incapacitated, the chit shall not be deemed to have terminated and the surviving partner or partners shall conduct the chit in the absence of any provision to the contrary in the chit agreement. **41. Copy of assent or consent to be filed with Registrar.—A true copy of every assent referred to** in section 26 and of every consent referred to in clause (b) of section 40 with their dates shall be filed by the foreman or by the surviving partner or partners, as the case may be, with the Registrar within fourteen days from the date of such assent or consent. **42. Refund of non-prized subscribers’ subscriptions.—Except in the cases referred to in** clauses (a) and (b) of section 40,— (a) every non-prized subscriber shall, unless otherwise provided for in this Act or in the chit agreement, be entitled to get back his subscriptions at the termination of the chit without any deduction for [1][share of discount], if any, earned by him: Provided that, any person to whom the rights of a non-prized subscriber are transferred in accordance with the provisions of section 35, shall, in addition to his own subscriptions, be entitled to get back the subscriptions paid by such non-prized subscriber, subject to the conditions specified in this section; (b) if a chit terminates on a date earlier than the date originally fixed in the chit agreement, the non-prized subscriber’s claim shall be deemed to have arisen on the date on which he has notice thereof. **43. Subscribers’ dues to be first charge on chit assets.—Any amount due to the subscriber from a** foreman in relation to the chit business shall be a first charge on the chit assets. CHAPTER IX INSPECTION OF DOCUMENTS **44. Foreman to allow certain subscribers to inspect chit records.—Every foreman shall, on** payment of such fee not exceeding five rupees as may be specified in the chit agreement, allow the non-prized subscribers and unpaid prized subscribers reasonable facilities on all the dates of draw or on such other dates and within such hours as may be provided for in the chit agreement, for the inspection of security bonds and documents, receipts and other records taken from the prized subscribers or furnished by the foreman as a subscriber and all chit records, including books of account, pass books, balance sheet and profit and loss accounts and such other records as may show the actual financial position of the chit. **45. Preservation of chit records by foreman.—All the records pertaining to a chit shall be kept by** the foreman for a period of eight years from the date of termination of the chit. **46. Inspection of chit books and records by Registrar.—(1) Without prejudice to the provisions of** sections 209 and 209A of the Companies Act, 1956 (1 of 1956), the Registrar or an officer authorised by the State Government in this behalf may inspect chit books and all the records of a chit during working hours on any working day at the premises of the foreman with or without giving notice and it shall be the duty of every foreman to produce to the Registrar or the officer so authorised, all such books and records 1. Subs. by Act 41 of 2019, s. 3, for “dividend” (w.e.f. 1-1-2020). 19 ----- as are in his custody or power and to furnish him with any statement or information relating to the chits as he may require from the foreman within such time as he may specify. (2) The Registrar or an officer authorised by the State Government in this behalf may, after giving seven days’ notice in writing to the foreman, direct him to produce before him for inspection such chit books and records as he may require at the time and place mentioned in the notice. (3) If on an inspection made under sub-section (1) or sub-section (2), any defects are found, the Registrar may bring such defects to the notice of the foreman and may also make an order directing the foreman to take such action as may be specified in the order to remedy the defects within the time specified therein. (4) Every foreman shall be bound to comply with the directions contained in an order made under sub-section (3). **47. Power of Reserve Bank to inspect chit books and records.—(1) Nothing in section 46 shall be** deemed to affect the power of the Reserve Bank to inspect the books and records of any foreman under the provisions of section 45N of the Reserve Bank of India Act, 1934 (2 of 1934). (2) The Reserve Bank may, if it considers necessary, forward a copy of its report or of any part of its report on the inspection of the books and records of a foreman to the foreman for taking necessary action. (3) Every foreman shall, on receipt of the report or part thereof under sub-section (2), be bound to comply with the directions, if any, given by the Reserve Bank in this behalf and shall, if so required, submit periodical reports in regard to the action taken by him. (4) The Reserve Bank may also forward a copy of the report on the inspection of the books and records of a foreman to the State Government within whose jurisdiction the registered office of the company, if the foreman is a company, or the place or the principal place of business of the foreman in any other case, is situated for such action as may be considered necessary. CHAPTER X WINDING UP OF CHITS **48. Circumstances under which chits may be wound up.—A chit may be wound up by the** Registrar within whose territorial jurisdiction the chit has been registered, either on his own motion or on an application made by any non-prized or unpaid prized subscriber,— (a) if the chit has terminated under clause (c) of section 40; or (b) if the foreman commits any such act in respect of the security specified in section 20 as is calculated to impair materially the nature of the security or the value thereof; or (c) if he fails to deposit any amount required to be deposited under any of the provisions of this Act; or (d) if it is proved to the satisfaction of the Registrar that the foreman is unable to pay the amounts due to the subscribers; or (e) if the execution or other process issued on an order passed by the Registrar in favour of any subscriber in respect of amounts due to him from the foreman in relation to the chit business is returned unsatisfied in whole or in part; or (f) if it is proved that there has been a fraud or collusion on the part of the foreman in the matter of taking securities from any prized subscriber; or (g) if the foreman has appropriated the [1][net chit amount] in his capacity as a subscriber without furnishing sufficient security for future subscriptions; or (h) if the Registrar is satisfied that the affairs of the chit are being conducted in a manner prejudicial to the interests of the subscribers; or 1. Subs. by Act 41 of 2019, s. 3, for “prize amount” (w.e.f. 1-1-2020). 20 ----- (i) if it is just and equitable that the chit should be wound up. _Explanation.—For the purposes of clause (d), in determining whether the foreman is unable to pay the_ amounts due to the subscribers, the Registrar shall take into account his contingent and future liabilities in respect of the chit. **49. Application for winding up.—An application for the winding up of a chit shall be made by a** petition presented by any non-prized or unpaid prized subscriber to the Registrar signed and verified in the manner laid down by the Code of Civil Procedure, 1908 (5 of 1908), and shall contain such particulars as may be prescribed: Provided that no application for the winding up of a chit under clause (d) or clause (i) of section 48 shall lie unless such application is presented,— (a) by non-prized and unpaid prized subscribers representing not less than twenty-five per cent. of the amount or, as the case may be, the value of the grain subscribed by all the non-prized and unpaid prized subscribers, if any; or (b) with the previous sanction of the State Government within whose jurisdiction the chit is commenced or conducted. _Explanation.—For the purposes of clause (a), of the proviso, a subscriber of a fraction of a ticket_ shall be deemed to be a subscriber only to the extent of such fraction. **50. Bar to winding up proceedings.—Notwithstanding anything contained in sections 48 and 49, no** petition for the winding up of a chit shall be entertained by the Registrar,— (a) if proceedings relating to insolvency are pending against the foreman; or (b) where the foreman is a firm, if proceedings relating to insolvency are pending against all the partners or all the partners except one thereof, or proceedings for the dissolution of the firm are pending; or (c) where the foreman is a company or co-operative society, if proceedings for the winding up of such company or co-operative society are pending. **51. Commencement and effect of winding up order.—An order for the winding up of a chit shall** operate in favour of all the subscribers to whom amounts are due from the foreman and it shall be deemed to have commenced from the date of the presentation of the application for the winding up. **52. Injunction order.—The Registrar may, on the application of the foreman or of any subscriber to** whom amounts are due in respect of a chit, at any time after the presentation of the application for the winding up of the chit under this Act and before the making of an order for the appointment of an interim receiver or for the winding up of the chit, restrain any other proceedings instituted against the foreman for the realisation of amounts due from him on such terms as the Registrar thinks fit. **53. Powers of Registrar.—The Registrar may, after hearing an application under this Chapter,** dismiss it with or without costs, or adjourn the hearing conditionally or unconditionally or make an interim or any other order that he deems fit. **54. Vesting of chit assets in Registrar or other persons.—On the making of an order for the** winding up of a chit, all the chit assets pertaining to such chit shall vest in the Registrar or in any person appointed by him for distribution amongst the subscribers to whom amounts are due in respect of the chit. **55. Suits, etc., to be stayed on winding up order.—When a winding up order has been made or a** receiver has been appointed, no suit or other legal proceedings shall be continued or commenced against the foreman by a subscriber for the realisation of amounts due to him in respect of the chit except with the leave of the Registrar winding up the chit and on such terms as he may impose. **56. Notification of winding up order.—On the making of a winding up order, the Registrar shall** make an entry in his book relating to the chit and shall notify in the Official Gazette that the order has been made. 21 ----- **57. Cessation of winding up proceedings on insolvency of foreman, etc., or the winding up of the** **company and transfer of such proceedings.—Where during the pendency of the proceedings for the** winding up of a chit, the foreman is adjudicated an insolvent, or where the foreman is a firm, all the partners or all the partners except one thereof are adjudicated insolvents, or where the foreman is a company, the company has been ordered to be wound up by the Court, the winding up proceedings under this Chapter shall cease and the distribution of the chit assets shall, subject to the provisions of sections 43 and 52, be made by the insolvency court or the court winding up the company, as the case may be. **58. Award of compensation to foreman.—(1) Where an application for the winding up of a chit is** dismissed and the Registrar is satisfied that the petition is frivolous or vexatious, he may, on the application of the foreman, award against the petitioner such amount, not exceeding one thousand rupees, as he deems reasonable as compensation to the foreman for the expenses or injury caused to him by the presentation of the application and the proceedings thereon, and such amount may be realised as if the award were a decree of a Civil Court. (2) On the making of an award under sub-section (1), no suit for compensation in respect of an application for any winding up of the chit shall be entertained. **59. Right to appeal.—The foreman or any subscriber or any other person aggrieved by a decision or** order of the Registrar in any proceedings for the winding up of a chit may, within sixty days from the date of such decision or order, appeal to the State Government. **60. Limitation.—(1) Where an order refusing to wind up a chit has been made under this Act, the** chit shall be deemed to have been under suspension from the date of presentation of the application to the date of such order in respect of non-prized subscribers; and, notwithstanding anything contained in the chit agreement, no non-prized subscriber who was not a defaulter on the date of the presentation of the petition for winding up, shall be deemed to be a defaulter on the date of such order. (2) Where an order refusing to wind up a chit has been made under this Act, in computing the period of limitation prescribed for any suit or other legal proceedings (other than a suit or application in respect of which the leave of the court has been obtained) which might have been brought or instituted, but for the presentation of the application for the winding up of the chit, the period from the date of the presentation of the application to the date of the order refusing to wind up a chit shall be excluded. (3) Nothing contained in this Chapter shall affect the rights of a subscriber to proceed against the foreman personally for the balance, if any, of the amount due to him after the declaration of the final 1[share of discount] in the proceedings for the winding up of the chit and in computing the period of limitation prescribed for any such proceedings, the period from the date of the presentation of the application for the winding up of the chit to the date of the declaration of the final [1][share of discount] shall be excluded. CHAPTER XI APPOINTMENT OF OFFICERS AND LEVY OF FEES **61. Appointment of Registrar and other officers.—(1) The State Government may, by notification** in the Official Gazette, appoint a Registrar of Chits and as many Additional, Joint, Deputy and Assistant Registrars as may be necessary for the purpose of discharging the duties imposed upon the Registrar by or under this Act. (2) The Registrar may appoint as many inspectors of chits and chit auditors as may be necessary for the purpose of discharging the duties imposed on the inspectors of chits or chit auditors by or under this Act. (3) All inspectors of chits and chit auditors shall discharge the duties imposed upon them by or under this Act under the general superintendence and control of the Registrar. (4) If the Registrar is of the opinion that the accounts of any chit are not properly maintained and that such accounts should be audited, it shall be lawful for him to have such accounts audited by a chit auditor. 1. Subs. by Act 41 of 2019, s. 3, for “dividend” (w.e.f. 1-1-2020). 22 ----- (5) It shall be the duty of the foreman of the chit whose accounts are to be audited by a chit auditor under sub-section (4) to produce before the chit auditor, all accounts, books and other records relating to the chit, to furnish him with such information as may be required and afford him all such assistance and facilities as may be necessary and reasonable in regard to the audit of the accounts of the chit. (6) The foreman shall pay to the chit auditor such fees as may be prescribed for the audit of the accounts of the chit under sub-section (4): Provided that different scales of fees may be prescribed for different chits depending on the quantum of the [1][gross chit amount]. **62. Inspection of documents in Registrar’s office.—The foreman of a chit or any subscriber in a** chit or the heirs or legal representatives of any foreman or subscriber may, on payment of such fees as may be prescribed,— (a) inspect the documents of the concerned chit kept by the Registrar; or (b) obtain a certified copy or on extract of any such document or record. **63. Levy of fees.—(1) There shall be paid to the Registrar such fees as the State Government may,** from time to time, prescribe for,— (a) the issue of previous sanction under section 4; (b) the filing of the chit agreement with the Registrar and the registration of the chit under section 7; (c) the filing of a declaration with the Registrar and the grant of a certificate of commencement under section 9; (d) the filing of copies of documents under any of the provisions of this Act; (e) the audit of the accounts of the foreman under section 61; (f) the inspection of documents under section 62; (g) the obtaining of certified copies or extracts of documents and records under section 62; and (h) such other matters as may appear necessary to the State Government. (2) A table of fees prescribed under sub-section (1) shall be exhibited on a notice board in the office of the Registrar. CHAPTER XII DISPUTES AND ARBITRATION **64. Disputes relating to chit business.—(1) Notwithstanding anything contained in any other law for** the time being in force, any dispute touching the management of a chit business shall be referred by any of the parties to the dispute, to the Registrar for arbitration if each party thereto is one or the other of the following, namely:— (a) a foreman, a prized subscriber or a non-prized subscriber, including a defaulting subscriber, past subscriber or a person claiming through a subscriber, or a deceased subscriber to a chit; (b) a surety of a subscriber, past subscriber, or a deceased subscriber. _Explanation.—For the purposes of this sub-section, a dispute touching the management of a chit_ business shall include— (i) a claim by or against a foreman for any debt or demand due to him from a subscriber, or due from him to a subscriber, past subscriber or the nominee, heir or legal representative of a deceased subscriber whether such debt or demand is admitted or not; (ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a foreman and recovered from the surety owing to the default of the principal borrower, whether such sum or demand is admitted or not; and 1. Subs. by Act 41 of 2019, s. 3, for “chit amount” (w.e.f. 1-1-2020). 23 ----- (iii) a refusal or failure by a subscriber, past subscriber or the nominee, heir or legal representative of a deceased subscriber to deliver possession to a foreman of land or any other asset resumed by him for breach of conditions of the assignment. (2) Where any question arises as to whether any matter referred to for the award of the Registrar is a dispute or not for the purposes of sub-section (1), the same shall be decided by the Registrar whose decision thereon shall be final. (3) No Civil Court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1). **65. Period of limitation.—(1) Notwithstanding anything contained in the Limitation** Act, 1963 (36 of 1963), but subject to the specific provisions contained in this Act, the period of limitation in the case of a dispute referred to the Registrar under section 64, shall— (a) if the dispute relates to the recovery of any sum, including interest thereon, due to a foreman from a deceased subscriber, be three years, computed from the date on which such subscriber dies or ceases to be a subscriber; or (b) if the dispute is between a foreman and a subscriber or a past subscriber, or the nominee, heir or legal representative of a deceased subscriber, and the dispute relates to any act or omission on the part of either party to the dispute, be three years from the date on which the act or omission with reference to which the dispute arose, took place. (2) The period of limitation in the case of any dispute other than those referred to in sub-section (1) which are required to be referred to the Registrar under section 64 shall be regulated by the provisions of the Limitation Act, 1963 (36 of 1963), as if the dispute were a suit, and the Registrar, a Civil Court. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Registrar may admit a dispute after the expiry of the period of limitation specified therein, if the applicant satisfies the Registrar that he had sufficient cause for not referring the dispute within such period. **66. Settlement of disputes.—(1) If the Registrar is satisfied that any matter referred to him or** brought to his notice is a dispute within the meaning of section 64, he shall, subject to such rules as may be prescribed, settle the dispute himself, or refer it for disposal to a person appointed by him (hereafter in this Chapter referred to as the nominee). (2) Where any dispute is referred under sub-section (1) for settlement to the nominee, the Registrar may, at any time for reasons to be recorded in writing, withdraw such dispute from the nominee and may settle the dispute himself, or refer it again for settlement to any other nominee appointed by him. **67. Procedure for settlement of disputes and powers of Registrar or nominee.—(1) The Registrar** or the nominee hearing a dispute under section 66, shall, in addition to the powers conferred on him under that section, 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 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) Except with the permission of the Registrar or the nominee, no party shall be represented at the hearing of a dispute by a legal practitioner. (3) (a) If the Registrar or the nominee is satisfied that any person, whether he is a subscriber or not, has acquired any interest in the property of a person who is a party to a dispute, he may order that the person who has acquired the interest in the property may be joined as a party to the dispute, and any 24 ----- decision that may be given by the Registrar or the nominee on the dispute shall be binding on the party so joined, in the same manner as if he were an original party to the dispute. (b) Where a dispute has been referred in the name of a wrong person, or where all the necessary parties have not been included, the Registrar or the nominee may, if he is satisfied that it was due to a genuine mistake, order any other person to be substituted or added as parties to the dispute at any stage of hearing of the dispute on such terms as he thinks just. (c) The Registrar or the nominee may, at any stage of the proceedings, either upon or without the application of either party and on such terms as may appear to the Registrar or the nominee to be just, order that the name of any party improperly joined be struck off. (d) Any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any such reliefs, but if he omits to claim any such relief, he shall not be entitled to claim that relief, except with the leave of the Registrar or the nominee. **68. Attachment before judgment and other interlocutory orders.—(1) Where a dispute has been** referred under section 64 and the Registrar or the nominee hearing the dispute is satisfied on enquiry or otherwise that a party to such dispute, with intent to defeat or obstruct the execution of any award or the carrying out of any order that may be made,— (a) is about to dispose of the whole or any part of his property; or (b) is about to remove the whole or any part of the property from the jurisdiction of the Registrar, he may, unless adequate security is furnished, direct conditional attachment of the said property, and such attachment shall have the same effect as if it is made by a competent Civil Court. (2) Where the Registrar or the nominee directs the attachment of any property under sub-section (1), he shall issue a notice calling upon the person whose property is so attached to furnish such security as he thinks adequate within a specified period, and if the person fails to provide such security, the Registrar or the nominee may confirm the order, and may, after the decision in the dispute, direct the disposal of the property so attached towards the claim, if awarded. (3) Any attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property, of persons who are not parties to the dispute, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under the attachment of such decree. (4) The Registrar or the nominee may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the award in a dispute referred to in sub-section (1) as may appear to be just and convenient. **69. Decision of Registrar or nominee.—When a dispute is referred to arbitration under this Chapter,** the Registrar or the nominee, may, after giving a reasonable opportunity to the parties to the dispute to be heard, make an award on the dispute, on the expenses incurred by the parties to the dispute in connection with the proceedings and the fees and expenses payable to the Registrar or the nominee, and such an award shall not be invalid merely on the ground that it was made after the expiry of the period, if any, fixed for deciding the dispute by the Registrar, and shall, subject to appeal under section 70, be final and binding on the parties to the dispute. **70. Appeal against decision of Registrar or nominee.—Any party aggrieved by any order passed** by the Registrar or the nominee or the award of the Registrar or the nominee under section 69, may, within two months from the date of the order or award, appeal to the State Government. **STATE AMENDMENTS** **[Karnataka** **Amendment of section 70.—In the Chit Funds Act, 1982 (Central Act 40 of 1982) (hereinafter** referred to as the principal Act),— 25 ----- (i) section 70 shall be renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered, after the words “State Government”, the words “or to such officer or authority, as may be empowered by notification by the State Government, in that behalf” shall be inserted; (ii) after sub-section(1) as so renumbered, the following shall be inserted, namely:— “(2) The State Government or such officer or authority aforesaid may, after giving the appellant an opportunity of making his representation, pass such orders on the appeals as it or he thinks fit and such order shall be final. (3) All appeals pending before the State Government, on such date of notification empowering such officer or authority, shall be transferred to such officer or authority and shall be disposed off as if it has been filed before such authority.” [Vide Karnataka Act 2 of 2008, s. 2.] **71. Money how recovered.—Every order passed by the Registrar or the nominee under section 68 or** section 69 and every order passed by the State Government in appeal under section 70 for payment of any money shall, if not carried out,— (a) on a certificate issued by the Registrar, be deemed to be a decree of a Civil Court, and shall be executed in the same manner as a decree of such Court, or (b) be executed in accordance with the provisions of any law for the time being in force for the recovery of amounts as arrears of land revenue: Provided that no application for execution under clause (b) shall be made after the expiry of three years from the date fixed in the order, and if no such date is fixed, from the date of the order. **72. Private transfer of property made after issue of certificate void against foreman.—Any** private transfer of delivery of, or encumbrance or charge on, property made or created after the issue of the certificate by the Registrar under section 71 shall be null and void against the foreman on whose application the said certificate was issued. CHAPTER XIII MISCELLANEOUS **73. Advisory role of Reserve Bank.—The Reserve Bank may tender to any State Government such** advice on questions of policy with respect to this Act as it thinks fit either on its own motion or on a request made by the State Government. **74. Appeals.—(1) Any foreman aggrieved by the decision of the Registrar,—** (a) refusing to register the chit agreement under section 7; (b) refusing to grant a certificate of commencement under sub-section (2) of section 9; (c) refusing to accept any security under sub-section (1) of section 20 or under section 31; or (d) refusing to release the security charged under section 20 or section 31, may, within thirty days of the communication to him of such decision, appeal to the State Government or to such officer or authority as may be empowered by notification in the Official Gazette by the State Government in that behalf. (2) Any foreman or other person aggrieved by the order of the Registrar under sub-section (1) of section 34 may, within thirty days of the communication to him of such decision, appeal to the State Government or to such officer or authority as may be empowered by notification in the Official Gazette by the State Government in that behalf. (3) The State Government or such officer or authority aforesaid may, after giving the appellant an opportunity of making his representation, pass such order on the appeal as it or he thinks fit and such order shall be final. **75. Powers of Registrar to give extension of time for filing documents.—The Registrar may, in his** discretion and upon an application in writing by a foreman made within the period specified for the filing 26 ----- of documents, under sub-section (3) of section 28, sub-section (2) of section 29, section 37 or section 41, allow the foreman further time not exceeding fifteen days to file copies of such documents. **76. Penalties.—(1) Whoever contravenes or abets the contravention of any of the provisions of** sections 4, 5, 8, 9, 11, 12, 13, 14, 19, 20, 22, 24, 30, 31, sub-section (4) of section 33, sections 46, 47 or sub-section (5) of section 61 shall, on conviction, 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) Any foreman,— (a) who fails to file any document required to be fied under this Act within the period specified therefor or within such further time as may be allowed; or (b) who fails to comply with the requirements of the chit agreement regarding the date, time and place at which the chit is to be drawn or who fails to comply with the requirements of any direction given under sub-section (3) of section 38; or (c) who contravenes or fails to comply with any other requirement under this Act, shall, on conviction, be punishable with fine which may extend to three thousand rupees. (3) Whoever wilfully makes a statement in any document required to be filed under this Act which is false in any material particular shall, on conviction, 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. **77. Penalty for second and subsequent convictions.—If any person convicted of an offence under** sub-section (1) or sub-section (3) of section 76 is again convicted of an offence under any of the said sub-sections he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to two years and shall also be liable to fine. **78. Application of fine.—A court imposing any fine under this Act may direct that the whole or any** part thereof shall be applied in, or towards payment of, the cost of the proceedings. **79. 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 is attributable to, any neglect on the part of, any director, manager, secretary or other officer for 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. **80. Cognizance of offences.—(1) All offences under section 11 shall be cognizable.** (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence punishable under this Act. **81. Power to compound offences.—(1) Subject to such conditions as may be prescribed, any officer** empowered by the State Government in this behalf may, either before or after the institution of criminal proceedings under this Act, accept from the person who has committed or is reasonably suspected to have 27 ----- committed an offence under this Act, by way of composition of such offence, a sum of money not exceeding such amount as may be prescribed. (2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence. **82. Power to enter and search any place and to seize any documents.—(1) If the Registrar or any** other officer authorised by him in this behalf, has reason to suspect that any person conducts, or is responsible for the conduct of, a chit in any place in contravention of the provisions of this Act, he may, for reasons to be recorded in writing and at any reasonable time, enter into and search such place, and may seize such books, registers, accounts or documents as may be necessary. (2) The Registrar or officer authorised by him in this behalf, may apply for assistance to an officer in charge of a police station and take police officers to accompany and assist him in discharging his duties under sub-section (1). (3) All searches under sub-section (1) shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). **83. Officers to be public servants.—The Registrar and all officers appointed by the State** Government to perform any functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **84. Power to delegate.—The State Government may, by notification in the Official Gazette, direct** that any power (other than the power to hear appeals or to make rules) exercisable by it under this Act or the rules made thereunder may be exercised also by any officer of the State Government subject to such terms and conditions, if any, as may be specified therein. **STATE AMENDMENTS** **[Karnataka** **Amendment of section 84.—In section 84 of the principal Act, the words “to hear appeals or” shall** be omitted. [Vide Karnataka Act 2 of 2008, s. 3.] **85. Act not to apply to certain chits.—Nothing in this Act shall apply in respect of—** (a) any chit started before the commencement of this Act; or (b) any chit the amount of which, or where two or more chits were started or conducted simultaneously by the same foreman, the aggregate amount of which does not exceed [1][such amount as may be specified, by notification in the Official Gazette, by the State Government]. **86. Banks not to conduct chit business.—(1) Notwithstanding anything contained in this Act, no** bank shall commence or carry on chit business after the commencement of this Act. (2) Where a chit had been started by any bank before such commencement, such chit may be continued after such commencement until it is completed, and the provisions of the chit agreement and such laws, if any, as were applicable to it immediately before the commencement of this Act shall apply to such chit. _Explanation.—For the purposes of this section “bank” means an approved bank or a co-operative_ bank as defined in clause (bii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934). **87. Power to exempt.—The State Government may, in consultation with the Reserve Bank, by** notification in the Official Gazette, and subject to such conditions as may be specified in the notification, exempt any person or class of persons or any chit or class of chits from all or any of the provisions of this Act. 1. Subs. by Act 41 of 2019, s. 9, for “one hundred rupees” (w.e.f. 1-1-2020). 28 ----- **88. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall** lie against the State Government, the Registrar or other officers of the State Government or of the Reserve Bank or any of its officers exercising any powers or discharging any functions under this Act 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. **89. Power to make rules.—(1) The State Government may, in consultation with the Reserve Bank,** by notification in the Official Gazette, make rules for giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which an application for obtaining the previous sanction may be made under sub-section (2) of section 4; (b) the additional particulars that a chit agreement may contain under clause (q) of sub-section (1) of section 6; (c) the particulars that may be included in the minutes of the proceedings of a draw under section 17; (d) the method of valuation by the Registrar in a grain chit for the purpose of furnishing security under section 20; (e) the procedure that may be followed by the Registrar in releasing the security furnished by the foreman under section 20; (f) the registers and books and the form in which such registers and books may be maintained by the foreman under section 23; (g) the time within which the balance sheet and the profit and loss account in respect of a chit business shall be filed under section 24; (h) the rate at which interest shall be payable on the defaulted instalments by a defaulted subscriber under section 28; (i) the particulars that may be included in an application for the winding up of chits under section 49; (j) the procedure to be followed for the winding up of chits under Chapter X; (k) the fees payable under section 63; (l) the auditing of balance sheets and the profit and loss accounts of chit business and the issue of audit certificates; (m) the form and manner in which a dispute shall be referred to the Registrar under section 64; (n) the procedure to be followed by the Registrar or his nominee for settling the disputes referred to him under section 64; (o) the matters referred to in clause (f) of sub-section (1) of section 67; (p) the conditions subject to which and the amount on the payment of which composition of offences may be made under section 81; (q) the form and manner in which an appeal may be preferred under this Act and the fees payable for such appeal; (r) the issue and service of notices or other process under this Act; (s) the procedure for, and the manner of, receiving any sum payable under this Act; (t) any other matter which is required to be or may be prescribed. 29 ----- (3) Every rule made under this section shall be laid, as soon as may be after it is made before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House before that House. **90. Repeal and saving.—(1) The Andhra Pradesh Chit Funds Act, 1971 (Andhra Pradesh** Act 9 of 1971), the Kerala Chitties Act, 1975 (Kerala Act 23 of 1975), the Maharashtra Chit Funds Act, 1974 (Maharashtra Act LV of 1974), the Tamil Nadu Chit Funds Act, 1961 (Tamil Nadu Act 24 of 1961), as in force in the State of Tamil Nadu and in the Union territories of Chandigarh and Delhi, the Uttar Pradesh Chit Funds Act, 1975 (Uttar Pradesh Act 53 of 1975), the Goa, Daman and Diu Chit Funds Act, 1973 (Goa, Daman and Diu Act 16 of 1973) and the Pondicherry Chit Funds Act, 1966 (Pondicherry Act 18 of 1966), are hereby repealed and the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply to such repeal as if each such Act so repealed were a Central Act. (2) Notwithstanding such repeal, the Acts mentioned in sub-section (1) shall continue to apply to chits in operation on the commencement of this Act, in the same manner as they applied to such chits before such commencement. 30 ----- THE SCHEDULE [See section 24] PART I.—FORM OF BALANCE SHEET Liabilities Assets 1. Capital 1. Cash Rs. Authorised . . . . . Rs. 2. Balances with banks: Issued . . . . . . Rs. (a) Current account . . . Rs. Paid-up . . . . . . Rs. Rs. (b) Deposit account . . . Rs. Rs. 3. Investments: 2. Reserve Fund . . . . . Rs. (a) In chits . . . . Rs. 3. Deposits . . . . . Rs. (b) In government securities . Rs. 4. Borrowings . . . . . Rs. (c) Others . . . . Rs. Rs. 5. Foreman’s liability in tickets prized Rs. 4. Share amount due from prized subscribers: 6. 1[net chit amount] payable . . . Rs. (a) Secured . . . . Rs. . 7. Defaulted subscribers’ amount Rs. (b) Unsecured . . . . Rs. Rs. payable . . . . . 8. Advance subscription received . Rs. 5. Arrears due from prized subscribers: 9. Liability to non-prized subscribers Rs. (a) Secured . . . . . Rs. (Arrears from non-prized subscribers (b) Unsecured . . . . Rs. Rs. to be indicated) . . . . 10. Amount payable in terminated chits . Rs. 6. Amount due in terminated chits: 11. Auction profit payable to non-prized Rs. (a) Secured . . . . . . Rs. Subscribers . . . . . (b) Unsecured . . . . . Rs. Rs. 12. Other liabilities . . . . Rs. 7. Chit prize amount paid earlier Rs. 13. Profit and loss account . . . Rs. 8. Loans and advances to Rs. subscribers . . . . . . 9. Litigation expenses . . . Rs. 10. Premises . . . . . . Rs. 11. Furniture and fixture . . . Rs. 12. Stamps in stock . . . . . Rs. 13. Other assets . . . . . . Rs. 14. Profit and loss account . . . Rs. TOTAL Rs. TOTAL Rs. Particulars to be specified in respect of amounts shown against 4, 5 and 6. Total chit amounts of the chits in fore, i.e., running (i) Amounts due from directors or officers of the chits. company or any of them either jointly or severally with any other person. (ii) Amounts due by companies or firms in which the directors of the company are interested as directors, partners or in the case of private companies, as members. 1. Subs. by Act 41 of 2019, s. 3, for “chit amount” (w.e.f. 1-1-2020). 31 ----- PART II.—FORM OF PROFIT AND LOSS ACCOUNT Expenditure Income 1. To interest paid on deposits, borrowings, 1. By foreman’s commission . . . Rs. etc. . . . . . . . Rs. 2. By bonus . . . . . . Rs. 2. To salaries, allowances, bonus and 3. By interest . . . . . . Rs. provident fund . . . . Rs. 4. By indivisible income in auction profit . Rs. 3. To directors’ sitting fees . . . Rs. 5. By rent . . . . . . Rs. 4. To rent, taxes, insurance, lighting . Rs. 6. By net profit on sale of investments . . Rs. 5. To law charges . . . . . Rs. 7. By other receipts . . . . . Rs. 6. To postages, telegrams and stamps . Rs. 8. By loss . . . . . . Rs. 7. To auditors’ fees . . . . . Rs. 8. To filing fees . . . . . Rs. 9. Ro depreciation and repairs . . . Rs. 10. To stationery, printing and advertisement . . . . . . Rs. 11. To other expenditure . . . . Rs. 12. To balance of profit . . . . Rs. TOTAL Rs. TOTAL Rs. 32 -----

28-Aug-1982

43

The Governors (Emoluments, Allowances and Privileges) Act, 1982

https://www.indiacode.nic.in/bitstream/123456789/1838/1/198243.pdf

central

# THE GOVERNORS (EMOLUMENTS, ALLOWANCES AND PRIVILEGES) ACT, 1982 _________ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Emoluments. 4. Leave allowance. 5. Use and maintenance of official residences. 6. Household establishment. 7. Medical treatment 8. Conveyance. 9. Traveling allowance on assumption or vacation of office. 10. Allowances for renewing furnishings and for maintenance of official residences. 11. Other privileges and allowances. 12. Additional expenses. 12A. Entitlement of ex-Governor to secretarial assistance. 13. Power to make rules. 14. Validation. 15. Saving. 1 ----- # THE GOVERNORS (EMOLUMENTS, ALLOWANCES AND PRIVILEGES) ACT, 1982 # ACT NO. 43 OF 1982 [28th August, 1982.] # An Act to determine the emoluments, allowances and privileges of Governors. BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Governors** (Emoluments, Allowances and Privileges) Act, 1982. (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,—** 3[(a) “ex-Governor” means a person who has been the Governor of a State or two or more States; (aa) “Governor” means the Governor, or any person discharging the functions of the Governor, of any State or of two or more States;] (b) “maintenance”,— (i) in relation to official residences, includes the provision of electricity, gas and water; (ii) in relation to motor vehicles, includes the pay and allowances of chauffeurs and the provision of oil and petrol or other fuel; (c) “members of the family”, in relation to a Governor, means the [4][spouse, dependent children and the dependent parents] of the Governor; (d) “official residences”, in relation to a Governor, means such residences as may be specified by the President, by notification in the Official Gazette, as the official residences of the Governor and includes the staff quarters and other buildings appurtenant thereto and the gardens thereof; (e) “rules” means rules made under this Act; (f) “State” does not include a Union territory. **3. Emoluments.—There shall be paid to every Governor emoluments at the rate of [5][rupees** [6][three lakh fifty thousand] permensem]: Provided that if a Governor, at the time of his appointment,— (a) is in receipt of a pension (other than disability or wound pension) in respect of any previous service under the Government of India or any of its predecessor Governments or under the Government of a State or any of its predecessor Governments his emoluments shall be reduced,— (i) by the amount of that pension; and 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 1987, _vide_ notification No. G.S.R. 342(E), dated 30th March, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(i). 3. Subs. by Act 8 of 2014, s. 2, for clause (a) (w.e.f. 4-3-2014). 4. Subs. by Act 1 of 2009, s. 2, for “spouse and the dependent children” (w.e.f. 1-1-2007). 5. Subs. by s. 3, ibid., for “rupees thirty-six thousand per mensem” (w.e.f.1-1-2006). 6. Subs. by Act 13 of 2018, s 161, for “one lakh ten thousand” (w.e.f 1-1-2016). 2 ----- (ii) if he has, before such appointment, 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][or] 2* - - - (b) is in receipt of any benefit by way of contributory provident fund, his emoluments shall be reduced by the pension equivalent of such benefit. **4. Leave allowance.—(1) Subject to any rules made in this behalf, the President shall grant such** leave to a Governor as he may consider necessary. (2) Where a Governor is granted leave by the President, he shall, during the period of such leave, be paid leave allowance at such rate as the President may by order determine: Provided that such leave allowance shall be reduced to the extent, if any, to which the emoluments of the Governor are liable to be reduced under the proviso to section 3. **5. Use and maintenance of official residences.—A Governor shall be entitled, without payment of** rent, to the use of his official residences throughout his term of office and no charge shall fall on the Governor personally in respect of the furnishing or the maintenance of such residences. **6. Household establishment.—Subject to any rules made in this behalf, no charge shall fall on a** Governor personally in respect of pay, allowances or pension or other emoluments paid to, or facilities provided for, the members of the household establishment provided to the Governor. **7. Medical treatment.—Subject to any rules made in this behalf, a Governor and the members of his** family shall be entitled during the term of his office and thereafter also, to free medical attendance, accommodation and treatment in the hospitals maintained by the Central Government or the Government of any State. **8. Conveyance.—(1) A Governor shall be entitled to use without payment of rent or hire, such** number of motor vehicles as the President may by order determine. (2) No charge shall fall on a Governor personally in respect of the maintenance of the motor vehicles referred to in sub-section (1). (3) The use of the motor vehicles referred to in sub-section (1) by the members of the family of a Governor shall be regulated by rules made in this behalf. **9. Traveling allowance on assumption or vacation of office.—Subject to any rules made in this** behalf, a Governor shall be entitled to traveling allowance for himself and the members of his family and for the transport of his and his family’s effects— (a) in respect of the journey for assuming office from the place where he is ordinarily residing to the place of his duty; and (b) in respect of the journey on relinquishing office from the place of his duty to the place where he would ordinarily reside thereafter or if he is to take up any other office under the Government (including the office of the Governor of another State) after such relinquishment, to the place of duty with respect to such other office. **10. Allowances for renewing furnishings and for maintenance of official residences.—Subject to** any rules made in this behalf, a Governor shall be entitled to such allowances for renewing the furnishings and for the maintenance of the official residences, as the President may by order determine. 1. Subs. by Act 1 of 1994, s. 2, for “and” (w.e.f. 1-6-1988). 2. Sub-clause (iii) omitted by s. 2, ibid. (w.e.f. 1-6-1988). 3 ----- **11. Other privileges and allowances.—For the purpose of enabling a Governor to discharge** conveniently and with dignity the duties of his office, he shall be— (i) entitled to such other privileges as may be prescribed by rules made in this behalf, and (ii) paid, subject to any rules made in this behalf, such amount, as the President may, by general or special order, determine by way of the following, namely:— (a) entertainment allowance; (b) hospitality grant; (c) household establishment expenses; (d) office expenses; (e) contract allowance, i.e., an allowance for miscellaneous expenses; (f) tour expenses; and (g) such other allowances or expenses as may be provided for by rules. **12. Additional expenses.—(1) Where, in the case of any Governor, the President is satisfied that the** amount authorised under this Act by way of any allowances or for meeting any expenses with respect to any matter requires to be increased or that a need has arisen to sanction expenses with respect to any matter for which provision, though permissible, has not been made in the rules made under this Act, he may by special order increase such amount or sanction such expenses to such extent as may be specified in such order. (2) An order may be made under sub-section (1) so as to have retrospective effect. (3) Every order made under this section shall be laid, as soon as may be after it is made, before both Houses of Parliament. **1[12A. Entitlement of ex-Governor to secretarial assistance.—Subject to any rules made in this** behalf, the ex-Governor shall, for the remainder of his life, be entitled to secretarial assistance of one Personal Assistant on reimbursement basis: Provided that where such ex-Governor is re-appointed to the office of the Governor or elected to Parliament or the State Legislature or appointed to any office of profit under the Union or a State Government, he shall not be entitled for such secretarial assistance for the period during which he holds such office.] **13. Power to make rules.—(1) The President 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 all or any of the following matters, namely:— (a) grant of leave to a Governor under Section 4; (b) matters relating to the household establishment provided to a Governor under section 6; (c) medical attendance, accommodation and treatment of a Governor and the members of his family under section 7; (d) the use of motor vehicles by the members of the family of a Governor under sub-section (3) of section 8; (e) the travelling allowance on assumption or vacation of office of a Governor under section 9; 1. Ins. by Act 8 of 2014, s. 3 (w.e.f. 4-3-2014). 4 ----- (f) allowance for renewing the furnishings and for the maintenance of the official residences under section 10; (g) the privileges to which a Governor is entitled and the allowances or expenses payable to a Governor under section 11; 1[(h) the manner of providing secretarial assistance and reimbursement under section 12A.] (3) Every rule made by the President 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. Validation.—(1) Every special order issued, before the commencement of this Act, by the** President in regard to the allowances, expenses (including medical expenses) or privileges of any Governor (other than the Governor of Nagaland) shall, notwithstanding that such order was made with retrospective effect, or is inconsistent with any general order issued under any law with respect to those matters, be as valid and effective as if such special order formed part of this sub-section and this subsection had been in force at all material times. (2) Every general or special order issued, before the commencement of this Act, by the President in regard to the allowances, expenses (including medical expenses) or privileges of the Governor of Nagaland shall, notwithstanding that such order was made with retrospective effect, be as valid and effective as if it formed part of this sub-section and this sub-section had been in force at all material times. **15. Saving.—Nothing contained in this Act or the rules made thereunder shall have effect so as to** diminish the emoluments and allowances of any Governor during his term of office. 1. Ins. by Act 8 of 2014, s. 4 (w.e.f. 4-3-2014). 5 -----

6-Nov-1982

62

The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982

https://www.indiacode.nic.in/bitstream/123456789/1773/1/A1982-62.pdf

central

# THE STATE BANK OF SIKKIM (ACQUISITION OF SHARES) AND MISCELLANEOUS PROVISIONS ACT, 1982 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ACQUISITION AND TRANSFER OF CERTAIN SHARES OF SIKKIM BANK 3. Vesting in the Central Government of certain shares of Sikkim. CHAPTER III VESTING OF UNDERTAKINGS OF SIKKIM BANK IN THE CENTRAL GOVERNMENT 4. Vesting of undertaking of Sikkim Bank. 5. General effect of vesting. 6. Vesting of the shares and undertakings of Sikkim Bank in the State Government. 7. Power of State Government to direct vesting of the undertakings of Sikkim Bank the Sikkim Co-operative bank. CHAPTER IV PAYMENT OF AMOUNTS 8. Payment of amounts. CHAPTER V MANAGEMENT, ETC., OF THE UNDERTAKINGS OF SIKK 9. Management, etc., of the undertakings of Sikkim Bank 10. Date of delivery, possession of property acquired and documents relating thereto. CHAPTER VI PROVISIONS RELATING TO THE EMPLOYEES OF THE SIKKIM BANK 11. Transfer of service of existing officers and employees of the Sikkim Bank to the co-operative bank. CHAPTER VII MISCELLANEOUS 12. Act to have overriding effect. 13. Protection of action taken in good faith. 14. Penalties. 15. Offences by companies. 16. Delegation of powers. 17. Power of Central Government to make rules. 18. Power to remove difficulties. 1 ----- SECTIONS 19. References to Sikkim Bank in other laws. 20. Dissolution of Sikkim Bank. THE SCHEDULE. 2 ----- # THE STATE BANK OF SIKKIM (ACQUISITION OF SHARES) AND MISCELLANEOUS PROVISIONS ACT, 1982 ACT NO. 62 OF 1982 [6th November, 1982.] # An Act to provide, in the public interest, for the acquisition of certain shares of the State Bank of Sikkim for the purpose of better consolidation and extension of banking facilities in the State of Sikkim and for matters connected therewith or incidental thereto. WHEREAS for the purpose of better consolidation and extension of banking facilities in the State of Sikkim, it is expedient to provide for a single apex banking institution in that State, and for that purpose to provide for the acquisition of certain shares of the State Bank of Sikkim and for matters connected therewith or incidental thereto; BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the State Bank of Sikkim** (Acquisition of Shares) and Miscellaneous Provisions Act, 1982. (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, unless the context otherwise requires,—** (a) “appointed day” means the date on which this Act comes into force; (b) “co-operative bank” means the Sikkim State Co-operative Bank Limited, a society registered under the Sikkim Co-operative Societies Act, 1978 (Sikkim Act No. 12 of 1978); (c) “notification” means a notification published in the Official Gazette; (d) “prescribed” means prescribed by rules made under this Act; (e) “Sikkim Bank” means the State Bank of Sikkim constituted under the State Bank of Sikkim Proclamation, 1968; (f) “State Government” means the State Government of Sikkim; (g) “United Commercial Bank” means the United Commercial Bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)Act, 1970 (5 of 1970); (h) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act. CHAPTER II ACQUISITION AND TRANSFER OF CERTAIN SHARES OF SIKKIM BANK **3. Vesting in the Central Government of certain shares of Sikkim Bank.—(1) On the appointed** day, all the shares in the share capital of the State Bank of Sikkim, other than the shares held by the State Government, shall, by virtue of this Act, stand transferred to, and shall vest in, the Central Government. (2) All the shares which have vested in the Central Government under sub-section (1) shall, by force of such vesting, be freed and discharged of all trusts, liabilities, obligations, mortgages, charges, liens and other encumbrances affecting them, and any attachment or injunction or any decree or order of any court, tribunal or other authority restricting the use of such shares in any manner shall be deemed to have been withdrawn. 3 ----- (3) Notwithstanding the transfer of the shares of the Sikkim Bank to the Central Government under sub-section (1), any person holding such shares, who immediately before the appointed day is entitled to payment of dividend on such shares, shall be entitled to receive from the co-operative bank— (a) all dividends accruing due on his shares in respect of the half-year which ended before the appointed day and remaining unpaid; (b) dividends calculated at a rate to be specified by the Central Government in respect of any period immediately preceding the appointed day for which the Sikkim Bank had not declared any dividend. CHAPTER III VESTING OF UNDERTAKINGS OF SIKKIM BANK IN THE CENTRAL GOVERNMENT **4. Vesting of undertaking of Sikkim Bank.—On the appointed day, the undertakings of the Sikkim** Bank shall, by virtue of this Act, stand transferred to, and shall vest in, the Central Government. **5. General effect of vesting.—(1) The undertakings of the Sikkim 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 appointed day in the ownership, possession, power or control of the Sikkim Bank in relation to its undertakings, 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 Sikkim Bank in relation to its undertakings. (2) Unless otherwise expressly provided in this Act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the Sikkim Bank is a party or which are in favour of the said Bank shall be of as full force and effect against or in favour of the Central Government. (3) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertakings which have been transferred under section 4 is pending by or against the Sikkim Bank, the same shall not abate, be discontinued, or be in any way prejudicially affected by reason of the transfer of the undertakings of the Sikkim Bank 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. **6. Vesting of the shares and undertakings of Sikkim Bank in the State Government.—(1)** Notwithstanding anything contained in sections 3, 4 and 5, the Central Government shall, as soon as may be, after the commencement of this Act, direct, by notification, that the shares of the Sikkim Bank which have vested in the Central Government under section 3 and the undertakings of the Sikkim Bank which have vested in the Central Government under section 4 shall, instead of continuing to vest in the Central Government, vest in the State Government of Sikkim, on the date of the notification. (2) Where the shares and the undertakings of the Sikkim Bank vest In the State Government under sub-section (1), the State Government shall, on and from the date of such vesting, be deemed to have become the owner in relation to such shares and undertakings and all the rights and liabilities of the Central Government in relation to such shares and undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the State Government. **7. Power of State Government to direct vesting of the undertakings of Sikkim Bank the Sikkim** **Co-operative bank.—(1) Notwithstanding anything contained in sections 4, 5 and 6, the State** Government may, if it is satisfied that the co-operative bank is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, including the terms and conditions regarding allotment of its shares, direct, by notification, that the undertakings of the Sikkim Bank which have vested in the Central Government under section 4 and thereafter in the State Government under section 6, shall, instead of continuing to vest in the State Government, vest in the co-operative bank either 4 ----- on the date of the notification or on such earlier or later date (not being a date earlier than the appointed day) as maybe specified in the notification. (2) Where the undertakings of the Sikkim Bank vest in the co-operative bank under sub-section (1), that bank shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all the rights and liabilities of the Central Government or the State Government 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 the co-operative bank. CHAPTER IV PAYMENT OF AMOUNTS **8. Payment of amounts.—(1)For the transfer to, and vesting in, the Central Government, of the** shares of the Sikkim Bank under section 3, there shall be given by the Central Government to the holders of such shares in cash and in the manner specified in the Schedule, an amount of rupees eight lakhs twelve thousand two hundred and ninety-five. (2)The amount specified in sub-section (1) shall carry simple interest at the rate of five and a half 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 to the shareholders. CHAPTER V MANAGEMENT, ETC., OF THE UNDERTAKINGS OF SIKKIM BANK **9. Management, etc., of the undertakings of Sikkim Bank.—(1) The State Government in which** the undertakings of the Sikkim Bank have vested under section 6 shall be entitled to exercise all such powers and do all such things as the Sikkim Bank is authorised to exercise and do in relation to its undertakings. (2) The general superintendence, direction, control and management of the affairs and business of the undertakings of the Sikkim Bank which have vested under section 4 in the Central Government and under section 6in the State Government shall, where a direction has been made by the State Government under sub-section (1) of section 7, vest in the co-operative bank specified in such direction, and, thereupon, the co-operative bank shall be entitled to exercise all such powers and do all such things as the Sikkim Bank is authorised to exercise and do in relation to its undertakings. **10. Date of delivery, possession of property acquired and documents relating thereto.—(1) On** the vesting of the undertakings of the Sikkim Bank in the State Government under section 6, every person in whose possession or custody or under whose control any property referred to in sub-section (1) of section 5 may be, shall deliver the property to the State 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 undertakings of the Sikkim Bank which have vested in the State Government under section 6 and which belong to that Bank, or would have so belonged if the undertakings of the Sikkim Bank had not vested in the State Government, shall be liable to account for the said books, documents or other papers to the State Government and shall deliver them up to the State Government. (3) The State Government may take, or cause to be taken, all necessary steps for securing possession of all properties which have vested in that Government under this Act. CHAPTER VI PROVISIONS RELATING TO THE EMPLOYEES OF THE SIKKIM BANK **11. Transfer of service of existing officers and employees of the Sikkim Bank to the co-operative** **bank.—(1) Every officer or other employee of the Sikkim Bank (excepting the Managing Director** thereof) in the employment of the Sikkim Bank immediately before the appointed day shall become,— (a) an officer or other employee of the State Government on any from the appointed day, and 5 ----- (b) where the undertakings of the Sikkim Bank are directed, under sub-section (1) of section 7, to vest in the co-operative bank, an officer or other employee of the co-operative bank on and from the date of such vesting, and shall hold his office or service under the State Government or the co-operative bank, 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 State Government or the co-operative bank, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the State Government, or by the co-operative bank, as the case may be. (2) Any person who, on the appointed day, is entitled to, or is intercept of, a pension or other superannuation or compassionate allowance or benefit from the Sikkim Bank or any provident fund, pension or other fund or any authority administering such fund shall be entitled to be paid by, and to receive from, the co-operative bank or any provident fund, pension or other fund or any authority administering such fund, the same pension, allowance or benefit so long as he observes the conditions on which the pension, allowance or benefit was granted, and if any question arises as to whether he has so observed such conditions, the question shall be determined by the State Government. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no appointment made or promotion, increment in salary, pension allowance or any other benefit granted to any person after the 16th day of November, 1976, and before the appointed day which would not ordinarily have been made or granted or which would not ordinarily have been admissible under the rules or authorisations of the Sikkim Bank or of any provident fund or other fund in force prior to the 16th day of November, 1976, shall have effect or be payable or claimable from the co-operative bank or from any provident fund, pension or other fund or from any authority administering the fund, unless the State Government has, by general or special order, confirmed the appointment, promotion or increment, or has directed the continued grant of the pension, allowance or other benefit, as the case may be. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the transfer of the services of any officer or other employee of the Sikkim Bank to the State Government or the co-operative bank 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 such claim shall be entertained by any court, tribunal or other authority. (5) Any person holding office as Managing Director of the Sikkim Bank immediately before the appointed day shall be deemed to have vacated his office as such on the appointed day and, notwithstanding anything contained in this Act or in any other law for the time being in force or in any agreement or contract, he shall not be entitled to any amount from the Sikkim Bank, State Government, or the co-operative bank for the loss of office or for the premature termination of any agreement or contact relating to his employment, except such pension, amount or other benefit which the co-operative bank may grant to him, having regard to what that person would have received as an officer of the Sikkim Bank if this Act had not been passed and if he had retired from his employment in the ordinary course. (6) Where the Managing Director of the Sikkim Bank has, after the 16th day of November, 1976 and before the appointed day, been paid any sum by way of compensation or gratuity, the co-operative bank shall be entitled to claim refund of any sum so paid if the payment is not confirmed by the State Government by general or special order. CHAPTER VII MISCELLANEOUS **12. 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. 6 ----- **13. 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 State Government, or the co-operative bank or any officer of the State Government or the co-operative bank or other person authorised by the Central Government or the State Government or the co-operative bank, 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 officer or other employee of that Government or the State Government or the co-operative bank or any officer or other employee of the State Government or of the co-operative bank or other person authorised by the State Government or the co-operative bank, 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. **14. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of the undertakings of the Sikkim Bank, wrongfully withholds such property from the Central Government, or the State Government or the co-operative bank; or (b) wrongfully obtains possession of, or retains, any property forming part of any undertaking of the Sikkim Bank or wilfully withholds or fails to furnish to the Central Government or the State Government or the co-operative bank, or any person or body of persons specified by that Government or the State Government or the co-operative bank, any document relating to such undertaking which may be in his possession, custody or control or fails to deliver to the Central Government, or the State Government or the co-operative bank or any person or body of persons specified by the Central Government or the State Government or the co-operative bank, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of the Sikkim Bank; or (c) wrongfully removes or destroys any property forming part of any undertaking of the Sikkim Bank 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. **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 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 any 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 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. **16. 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 17 and 18, may also be exercised by such person or persons as may be specified in the notification. 7 ----- (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. **17. Power of Central Government to make rules.—(1) The Central Government may, by** notification, make rules for 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 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. **18. 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. **19. References to Sikkim Bank in other laws.—On and from the appointed day, any reference to** Sikkim Bank in any law (other than this Act or the State Bank of Sikkim Proclamation, 1968)or in any contract or other instrument shall, except as otherwise provided in any general or special order made by the Central Government, be deemed to be a reference to the co-operative bank. **20. Dissolution of Sikkim Bank.—On the date of the issue of notification under sub-section (1) of** section 6, the Sikkim Bank shall stand dissolved, and the State Bank of Sikkim Proclamation, 1968, shall stand repealed; and the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply to such repeal as if the said Proclamation were a Central Act. ___ THE SCHEDULE [See section 8(1)] MANNER OF PAYMENT OF AMOUNT FOR THE TRASNFER OF SHARES OF THE STATE BANK OF SIKKIM TO THE CENTRAL GOVERNMENT 1. In this Schedule, “shareholder” means any person who, immediately before the appointed day, is registered as the holder of a share in the Sikkim Bank, other than the State Government of Sikkim. 2. For every share in the share capital of the Sikkim Bank which, by reason of this Act, is transferred to and vested in the Central Government, the Central Government shall pay to every holder thereof in the manner specified in paragraph 3 of this Schedule an amount calculated at the rate of rupees fifty-five per share. 3. Every person who is registered as the holder of a share in the Sikkim Bank on the appointed day and whose shares have been acquired under the provisions of this Act shall, for every such share so held by him, be paid an amount calculated at the rate specified in paragraph 2 by cheque drawn on the Reserve Bank of India. _____ 8 -----

6-Nov-1982

66

The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982

https://www.indiacode.nic.in/bitstream/123456789/1795/3/A1982-66.pdf

central

# THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 _________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, application and commencement. 2. Definitions. CHAPTER II OFFENCES 3. Offence of committing violence on board an aircraft in flight, etc. 3A. Offence at airport. 4. Destruction of, or damage to, air navigation facilities. 5. Jurisdiction. 5A. Conferment of powers of investigation, etc. 5B. Designated Courts. 5C. Offences triable by Designated Courts. 5D. Application of the Code to proceedings before a Designated Court. CHAPTER III MISCELLANEOUS 6. Provisions as to extradition. 6A. Provision as to bail. 7. Contracting parties to Convention. 8. Power to treat certain aircraft to be registered in Convention countries. 9. Previous sanction necessary for prosecution. 9A. Presumptions as to offences under sections 3, 3A and 4. 10. Protection of action taken in good faith. 1 ----- # THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 ACT NO. 66 OF 1982 [6th November, 1982.] # An Act to give effect to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation and for matters connected therewith. WHEREAS a Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation was, on the 23rd day of September, 1971, signed at Montreal; AND WHEREAS it is expedient that India should accede to the said Convention and make provisions for giving effect thereto and for matters connected therewith; BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, application and commencement.—(1) This Act may be called the** Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982. (2) It extends to the whole of India and, save as otherwise provided in this Act, it applies also to any offence under section 3 committed outside India by any person. (3) 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) “aircraft” means any aircraft, whether or not registered in India, other than a military aircraft or an aircraft used in customs or police service; (b) “aircraft registered in India” means an aircraft which is for the time being registered in India; 2[(bb) “airport” means an aerodrome as defined in clause (2) of section 2 of the Aircraft Act, 1934 (22 of 1934);] (c) “Convention country” means a country in which the Montreal Convention is for the time being in force; (d) “military aircraft” means an aircraft of the naval, military, air force or any other armed forces of any country and includes every aircraft commanded for the time being by a person in such force detailed for the purpose; (e) “Montreal Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on the 23rd day of September, 1971. (2) For the purposes of this Act,— (a) an aircraft shall be deemed to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and in the case of a forced landing, the flight shall be deemed to continue until the 1. 15th November 1982, vide notification No. S.O. 799(E), dated 12th November 1982, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. Ins. by Act 40 of 1994, s. 2 (w.e.f. 19-9-1996). 2 ----- competent authorities of the country in which such forced landing takes place take over the responsibility for the aircraft and for persons and property on board; (b) an aircraft shall be deemed to be in service from the beginning of the pre-flight preparation of the aircraft by the ground staff or by the crew for a specific flight until twenty-four hours after any landing and the period of such service shall include the entire period during which the aircraft is in flight. CHAPTER II OFFENCES **3. Offence of committing violence on board an aircraft in flight, etc.—(1) Whoever unlawfully** and intentionally— (a) commits an act of violence against a person on board an aircraft in flight which is likely to endanger the safety of such aircraft; or (b) destroys an aircraft in service or causes damage to such aircraft in such a manner as to render it incapable of flight or which is likely to endanger its safety in flight; or (c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or (d) communicates such information which he knows to be false so as to endanger the safety of an aircraft in flight, shall be punished with imprisonment for life and shall also be liable to fine. (2) Whoever attempts to commit, or abets the commission of, any offence under sub-section (1) shall also be deemed to be have committed such offence and shall be punished with the punishment provided for such offence. **1[3A. Offence at airport.—(1) Whoever, at any airport, unlawfully and intentionally, using any** device, substance or weapon,— (a) commits an act of violence which is likely to cause grievous hurt or death of any person; or (b) destroys or seriously damages any aircraft or facility at an airport or disrupts any service at the airport, endangering or threatening to endanger safety at that airport, shall be punished with imprisonment for life and shall also be liable to fine. (2) Whoever attempts to commit, or abets the commission of, any offence under sub-section (1) shall also be deemed to have committed such offence and shall be punished with the punishment provided for such offence.] **4. Destruction of, or damage to, air navigation facilities.—(1) Whoever unlawfully and** intentionally destroys or damages air navigation facilities or interferes with their operation in such a manner as is likely to endanger the safety of the aircraft in flight shall be punished with imprisonment for life and shall also be liable to fine. (2) Whoever attempts to commit, or abets the commission of, any offence under sub-section (1) shall also be deemed to have committed such offence and shall be punished with the punishment provided for such offence. 1. Ins. by Act 40 of 1994, s. 3 (w.e.f. 19-9-1996). 3 ----- **5. Jurisdiction.—(1) Subject to the provisions of sub-section (2), where an offence under section 3 is** committed outside India, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within India at which he may be found. (2) No court shall take cognizance of an offence punishable under section 3 which is committed outside India unless— (a) such offence is committed on board an aircraft registered in India; (b) such offence is committed on board an aircraft which is for the time being leased without crew to a lessee who has his principal place of business, or where he has no such place of business, his permanent residence in India; or (c) the alleged offender is a citizen of India or is on board the aircraft in relation to which such offence is committed when it lands in India or is found in India. **1[5A. Conferment of powers of investigation, etc.—(1) Notwithstanding anything contained in the** Code of Criminal Procedure, 1973 (2 of 1974), for the purposes of this Act, the Central Government may, by notification in the Official Gazette, confer on any officer of the Central Government, powers of arrest, investigation and prosecution exercisable by a police officer under the Code of Criminal Procedure, 1973. (2) All officers of police and all officers of Government are hereby required and empowered to assist the officer of the Central Government referred to in sub-section (1), in the execution of the provisions of this Act. **5B. Designated Courts.—(1) For the purpose of providing for speedy trial, the State Government** shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify a Court of Session to be a Designated Court for such area or areas as may be specified in the notification. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Designated Court shall, as far as practicable, hold the trial on a day-to-day basis. **5C. Offences triable by Designated Courts.—(1) Notwithstanding anything contained in the Code** of Criminal Procedure, 1973 (2 of 1974),— (a) all offences under this Act shall be triable only by the Designated Court specified under sub-section (1) of section 5B; (b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate: Provided that where such Magistrate considers,— (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the Designated Court having jurisdiction; (c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 1. Ins. by Act 40 of 1994, s. 4 (w.e.f. 19-9-1996). 4 ----- of the Code of Criminal Procedure, 1973 (2 of 1974) in relation to an accused person in such case who has been forwarded to him under that section; (d) a Designated Court may, upon a perusal of a complaint made by an officer of the Central Government or the State Government, as the case may be, authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial. (2) When trying an offence under this Act, a Designated Court may also try an offence other than an offence under this Act, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. **5D. Application of the Code to proceedings before a Designated Court.—Save as otherwise** provided in this Act, the provisions of the Code of Criminal Procedure, 1973(2 of 1974) shall apply to the proceedings before a Designated Court and the person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor.] CHAPTER III MISCELLANEOUS **6. Provisions as to extradition.—(1) The offences under section 3 and section 4 shall be deemed to** have been included as extraditable offences and provided for in all the extradition treaties made by India with Convention countries and which extend to, and are binding on, India on the date of commencement of this Act. (2) For the purposes of the application of the Extradition Act, 1962 (34 of 1962) to offences under this Act, 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. **1[6A. Provision as to bail.—(1) Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond unless— (a) the Public Prosecutor has been given an opportunity to oppose 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 he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail. (3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974).] **7. Contracting parties to Convention.—The Central Government may, by notification in the** Official Gazette, certify as to who are the contracting parties to the Montreal Convention and to what extent they have availed themselves of the provisions of the Convention, and any such notification shall be conclusive evidence of the matters certified therein. **8. Power to treat certain aircraft to be registered in Convention countries.—If the Central** Government is satisfied that the requirements of Article 9 of the Montreal Convention have been satisfied in relation to any aircraft, it may, by notification in the Official Gazette, direct that such aircraft shall, for 1. Ins. by Act 40 of 1994, s. 5 (w.e.f. 19-9-1996). 5 ----- the purposes of this Act, be treated as registered in such Convention country as may be specified in the notification. **9. Previous sanction necessary for prosecution.—No prosecution for an offence under this Act** shall be instituted except with the previous sanction of the Central Government. **1[9A. Presumptions as to offences under sections 3, 3A and 4.—In a prosecution for an offence** under sections 3, 3A and 4, if it is proved— (a) that the arms, ammunition or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunition or explosives of similar nature were used in the commission of such offence; or (b) that there is evidence of violence committed by the accused against any person in connection with the commission of such offence, the Designated Court shall presume, unless the contrary is proved that the accused had committed such offence.] **10. 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 the provisions of this Act. (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 the provisions of this Act. 1. Ins. by Act 40 of 1994, s. 6 (w.e.f. 19-9-1996). 6 -----

26-May-1983

13

The African Development Bank Act, 1983

https://www.indiacode.nic.in/bitstream/123456789/1839/3/A1983-13.pdf

central

# THE AFRICAN DEVELOPMENT BANK ACT, 1983 _______ ARRANGEMENT OF SECTIONS ______ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Payments to Bank. 4. Reserve Bank to be depository for Bank. 5. Conferment of status and certain immunities, exemptions and privileges on Bank and conferment of certain immunities, exemptions and privileges on its officers and employees. 6. Power to make rules. 7. Notifications issued under section 5 and rules made under section 6 to be laid before Parliament. THE SCHEDULE 1 ----- # THE AFRICAN DEVELOPMENT BANK ACT, 1983 # ACT NO.13 OF 1983 [26th May, 1983.] # An Act to implement the international agreement for the establishment and operation of the African Development Bank and for matters concerned therewith. BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the African Development** Bank Act, 1983. (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) “Agreement” means the agreement for the establishment of the African Development Bank; (b) “Bank” means the African Development Bank established under the Agreement. **3. Payments to Bank.—(1) There shall be paid out of the Consolidated Fund of India, after due** appropriation made by Parliament by law in this behalf, all such sums as may, from time to time, be required for the purpose of paying,— (a) the subscriptions payable by the Central Government to the Bank under Articles 6, 7, 10 and 21 of the Agreement; (b) any sums payable by the Central Government to the Bank under Article 28 of the Agreement; (2) The Central Government may, if it thinks fit so to do, create and issue to the Bank, in such form as it thinks fit, any non-interest bearing and non-negotiable notes or other obligations. **4. Reserve Bank to be depository for Bank.—The Reserve Bank of India shall be the depository of** the Indian currency holdings of the Bank. **5.** **Conferment of status and certain immunities, exemptions and privileges on Bank and** **conferment** **of** **certain** **immunities,** **exemptions** **and** **privileges** **on** **its** **officers** **and** **employees.—(1)** Notwithstanding anything to the contrary contained in any other law, the provisions of the Agreement set out in the Schedule shall have the force of law in India; Provided that nothing in Article 57 of the Agreement shall be construed as— (a) entitling the Bank to import into India goods free of any duty of customs without any restriction on their subsequent sale therein; or (b) conferring on the Bank any exemption from duties or taxes which form part of the price of goods sold; or (c) conferring on the Bank any exemption from duties or taxes which are in fact no more than charges for services rendered. (2) The Central Government may, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the Agreement set out therein. **6. Power to make rules.—The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. **7. Notifications issued under section 5 and rules made under section 6 to be laid before** **Parliament.—Every notification issued under sub-section (2) of section 5 and every rule made under** section 6 shall be laid, as soon as may be after it is issued or made, before each of the House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session 1. 15th December, 1983, vide notification No. G.S.R. 889(E), dated 14th December, 1983, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2 ----- 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. 3 ----- THE SCHEDULE (See section 5) **PROVISIONS OF THE AGREEMENT WHICH SHALL HAVE FORCE OF LAW** AGREEMENT ESTABLISHING THE AFRICAN DEVELOPMENT BANK CHAPTER VII STATUS IMMUNITIES, EXEMPTIONS AND PRIVILEGES ARTICLE 50 STATUS To enable it to fulfil its purpose and the functions with which it is entrusted, the Bank shall possess full international personality. To those ends, it may enter into agreements with members, non-member States and other international organisations. To the same ends, the status, immunities, exemptions and privileges set forth in this Chapter shall be accorded to the Bank in the territory of each member. ARTICLE 51 STATUS IN MEMBER COUNTRIES In the territory of each member the Bank shall possess full judicial personality and, in particular, full capacity: (a) to contract (b) to acquire and dispose of immovable and movable property; and (c) to institute legal proceedings. ARTICLE 52 JUDICIAL PROCEEDINGS 1. The Bank shall enjoy immunity from every form of legal process except in cases arising out of the exercise of its borrowing powers when it may be sued only in a court of competent jurisdiction in the territory of a member in which the Bank has its principal office, or in the territory of a member or non-member State where it has appointed an agent for the purpose of accepting service or notice of process or has issued or guaranteed securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. 2. The property and assets of the Bank shall, wherever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Bank. ARTICLE 53 IMMUNITY OF ASSETS AND ARCHIVES 1. Property and assets of the Bank, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action. 2. The archives of the Bank and, in general, all documents belonging to it, or held by it, shall be inviolable, wherever located. ARTICLE 54 FREEDOM OF ASSETS FROM RESTRICTION To the extent necessary to carry out the purpose and functions of the Bank and subject to the provisions of this Agreement, all property and other assets of the Bank shall be exempt from restrictions, regulations, controls and moratoria of any nature. 4 ----- ARTICLE 55 PRIVILEGE FOR COMMUNICATIONS Official communications of the Bank shall be accorded by each member the same treatment that it accords to the official communications of other members. ARTICLE 56 PERSONAL IMMUNITIES AND PRIVILEGES 1. All governors, directors, alternates, officers and employees of the Bank and experts and consultants performing missions for the Bank; (i) shall be immune from legal process with respect to acts performed by them in their official capacity; (ii) where they are not local nationals, shall be accorded the same immunities from immigration restrictions, alien registration requirements and national service obligations, and the same facilities as regards exchange regulations as are accorded by members to the representatives, officials and employees of comparable rank of other members; and (iii) shall be granted the same treatment in respect of travelling facilities as is accorded by members to representatives, officials and employees of comparable rank of other members. 2. Experts and consultants performing missions for the Bank shall be accorded such immunities and privileges as are, in the opinion of the Bank, necessary for the independent exercise of their functions during the period of their mission, including the time spent on journeys in connection therewith. ARTICLE 57 EXEMPTION FROM TAXATION 1. The Bank, its property, other assets, income and its operations and transactions shall be exempt from all taxation and from all customs duties. The Bank shall also be exempt from any obligation relating to the payment, withholding or collection of any tax or duty. 2. No tax shall be levied on or in respect of salaries and emoluments paid by the Bank, to directors, alternates, officers and other professional staff of the Bank. 3. No tax of any kind shall be levied on any obligation or security issued by the Bank, including any dividend or interest thereon, by whomsoever held: (i) which discriminates against such obligation or security solely because it is issued by the Bank; or (ii) if the sole jurisdictional basis for such taxation is the place or currency in which it is issued, made payable or paid, or the location of any office or place of business maintained by the Bank. 4. No tax of any kind shall be levied on any obligation or security guaranteed by the Bank, including any dividend or interest thereon, by whomsoever held: (i) which discriminates against such obligation or security solely because it is guaranteed by the Bank; or (ii) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the Bank. ARTICLE 58 NOTIFICATION OF IMPLEMENTATION Each member shall promptly inform the Bank of the specific action which it has taken to make effective in its territory the provisions of this Chapter. 5 ----- ARTICLE 59 APPLICATION OF IMMUNITIES, EXEMPTIONS AND PRIVILEGES The immunities, exemptions and privileges provided in this Chapter are granted in the interests of the Bank. The Board of Directors may waive, to such extent and upon such conditions as it may determine, the immunities and exemptions provided in Articles 52, 54, 56 and 57 of this Agreement in cases where its action would in its opinion further the interests of the Bank. The President shall have the right and the duty to waive the immunity of any official in cases where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Bank. 6 -----

10-Sep-1983

31

The Emigration Act, 1983

https://www.indiacode.nic.in/bitstream/123456789/1779/1/198331.pdf

central

# THE EMIGRATION ACT, 1983 _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent, application and commencement. 2. Definitions. CHAPTER II EMIGRATION AUTHORITIES 3. Protectors of Emigrants. 4. General duties of Protectors of Emigrants. 5. Power to authorise persons to exercise functions of a Protector. 6. Emigration check-posts. 7. Other emigration officers and staff. 8. Emigration officers to be public servants. CHAPTER III REGISTRATION OF RECRUITING AGENTS 9. Registering authority. 10. No person to function as recruiting agent without a valid certificate. 11. Application for registration. 12. Terms and conditions of registration. 13. Renewal of registration. 14. Cancellation, suspension, etc., of a certificate. CHAPTER IV PERMITS FOR RECRUITMENT BY EMPLOYERS 15. Competent authority. 16. Recruitment by employers to be through recruiting agent or under permit. 17. Procedure for obtaining permits. 18. Period of validity of permit. 19. Registration of certain permits. 20. Cancellation or suspension of a permit. 21. Power to exempt. CHAPTER V EMIGRATION CLEARANCE 22. Requirement, etc., as to emigration clearance. CHAPTER VI APPEALS 23. Appeals. ----- CHAPTER VII OFFENCES AND PENALTIES SECTIONS 24. Offences and penalties. 25. Offences by companies. 26. Offences to be cognizable. 27. Previous sanction of Central Government necessary. 28. Punishment to be without prejudice to any other action. CHAPTER VIII MISCELLANEOUS 29. Determination of question as to whether a person is an emigrant. 30. Power to prohibit emigration to any country in the interests of the general public, etc. 31. Power to prohibit emigration due to outbreak of epidemics, civil disturbances, etc., in a country. 32. Power to prohibit emigration of any class or category of persons. 33. Provisions as to security. 34. Refund of security. 35. Power to search, seize and detain persons, conveyance, etc. 36. Returns and registers. 37. Authorities and officers to have certain powers of civil court. 38. Power to give directions. 39. Effect of other laws. 40. Delegation. 41. Power to exempt. 42. Act not to apply to certain emigrants. 43. Power to make rules. 44. Notifications and rules to be laid before Parliament. 45. Repeal of Act 7 of 1922. ----- # THE EMIGRATION ACT, 1983 # ACT NO. 31 OF 1983 [10th September, 1983.] # An Act to consolidate and amend the law relating to emigration of citizens of India. BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent, application and commencement.—(1) This Act may be called the Emigration** Act, 1983. (2) It extends to the whole of India and applies also to citizens of India outside India. (3) It shall come into force on such date[1] as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “certificate” means a certificate of registration issued under section 11; (b) “conveyance” includes a vessel, vehicle, country-craft and an aircraft; (c) “dependent” means any person who is related to an emigrant and is dependent on that emigrant; (d) “emigrant” means any citizen of India who intends to emigrate, or emigrates, or has emigrated but does not include— (i) a dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that emigrant has lawfully emigrated; (ii) any person who has resided outside India at any time after attaining the age of eighteen years, for not less than three years or the spouse or child of such person; (e) “emigrant conveyance” means any conveyance specially chartered for conveyance of emigrants or for conveying emigrants exceeding such number as may be prescribed: Provided that the Central Government may, by notification, declare that any conveyance conveying emigrants to such place as may be specified in the notification shall not be deemed to be an emigrant conveyance; (f) “emigrate” and “emigration” mean the departure out of India of any person with a view to taking up any employment (whether or not under an agreement or other arrangements to take up such employment and whether with or without the assistance of a recruiting agent or employer) in any country or place outside India; (g) “employer” means any person providing or offering to provide, employment in any country or place outside India; (h) “employment” means any service, occupation or engagement (not being service, occupation or engagement under the Central Government or a State Government), in any kind of work within the meaning of clause (o), for wages or for reward, and all its grammatical variations and cognate expressions shall be construed accordingly; (i) “notification” means a notification published in the Official Gazette; 1. 30th December, 1983, _vide notification No. S.O. 940(E), dated 30th December, 1983,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3 (ii). ----- (j) “prescribed” means prescribed by rules made under this Act; (k) “Protector of Emigrants” means a Protector of Emigrants appointed under section 3 and includes a person authorised under section 5; (l) “recruiting agent” means a person engaged in India in the business of recruitment for an employer and representing such employer with respect to any matter in relation to such recruitment including dealings with persons so recruited or desiring to be so recruited; (m) “recruitment” includes the issuing of any advertisement for the purpose of recruitment, the offering by advertisement to secure or assist in securing any employment in any country or place outside India and the entering into any correspondence, negotiation, agreement or arrangement with any individual for or in relation to the employment of such individual in any country or place outside India; (n) “registering authority” means the officer appointed under section 9 to be the registering authority for the purposes of this Act; (o) “work” means— (i) any unskilled work, including any form of industrial or agricultural labour; (ii) any domestic service; (iii) any service, not being a service in a managerial capacity, in any hotel, restaurant, tea house or other place of public resort; (iv) work as a driver of a truck or other vehicle, mechanic, technician or skilled labourer or artisan; (v) work as an office assistant or accountant or typist or stenographer or salesman, or nurse or operator of any machine; (vi) work in connection with, or for the purposes of, any cinema, exhibition or entertainment; (vii) any such work of a professional or of any other nature as the Central Government may, having regard to the need for the protection of citizens of India who may be employed in such work outside India and other relevant circumstances, specify by notification: Provided that the Central Government may, if satisfied that it is necessary so to do having regard to the conditions of service applicable with respect to employment in any of the aforementioned categories of work or any sub-category thereof, whether generally or in relation to any particular country or place and other relevant circumstances, declare by notification that such category of work or sub-category of work shall not be deemed to be work within the meaning of this definition. (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 EMIGRATION AUTHORITIES **3. Protectors of Emigrants.—(1) The Central Government may, by notification, appoint a Protector** General of Emigrants and as many Protectors of Emigrants, as it deems fit, for the purposes of this Act. (2) The Central Government may, by general or special order, define the area to which the authority of a Protector of Emigrants so appointed shall extend and, where two or more Protectors of Emigrants are appointed for the same area, also provide, by such order, for the distribution and allocation of the work to be performed under this Act in relation to such area. (3) The Protectors of Emigrants shall perform the functions assigned to them by or under this Act under the general superintendence and control of the Protector General of Emigrants. (4) The Protector General of Emigrants may, in addition to the special function assigned to him by or under this Act, perform all or any of the functions assigned to any Protector of Emigrants. ----- **4. General duties of Protectors of Emigrants.—Subject to the other provisions of this Act, every** Protector of Emigrants shall, in addition to the special duties assigned to him by or under this Act— (a) protect and aid with his advice all intending emigrants and emigrants; (b) cause, so far as he can, all the provisions of this Act and of the rules made thereunder to be complied with; (c) inspect, to such extent and in such manner as may be prescribed— (i) any emigrant conveyance, or (ii) any other conveyance if he has reason to believe that any intending emigrants or emigrants are proceeding from, or returning to, India to or from a place outside India by such other conveyance; (d) inquire into the treatment received by emigrants during their voyage or journey to, and during the period of their residence in the country to which they emigrated and also during the return voyage or journey to India and report thereon to the Protector General of Emigrants or such other authority as may be prescribed; (e) aid and advise, so far as he reasonably can, emigrants who have returned to India. **5. Power to authorise persons to exercise functions of a Protector.—The Central Government** may, if satisfied that it is necessary so to do in the interest of emigrants or intending emigrants, authorise any person to perform all or any of the functions of a Protector of Emigrants under this Act. **6. Emigration check-posts.—(1) Where the Central Government considers that, with a view to** preventing or checking the contravention of the provisions of this Act, it is necessary so to do, it may, by notification, set up such number of emigration check-posts at such places as may be specified. (2) The Central Government may, by general or special order made in this behalf, appoint an officer of the Central Government or of a State Government to be an officer in charge of an emigration checkpost set up under sub-section (1). (3) An officer in charge of an emigration check-post shall be subject to the general control and supervision of the Protector of Emigrants within the local limits of whose jurisdiction that emigration check-post is situated. **7. Other emigration officers and staff.—The Central Government may appoint such other officers** and employees (hereinafter referred to as the emigration officers and emigration employees), as it may think fit, to assist the Protector General of Emigrants and the Protectors of Emigrants in the performance of their duties under this Act. **8. Emigration officers to be public servants.—The Protector General of Emigrants, Protectors of** Emigrants, the officers in charge of emigration check-posts, emigration officers and emigration employees appointed under this Act shall be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). CHAPTER III REGISTRATION OF RECRUITING AGENTS **9. Registering authority.—The Central Government may, by notification, appoint the Protector** General of Emigrants or any other officer of that Government of a rank higher than that of a Protector of Emigrants to be the registering authority for the purposes of this Act. **10. No person to function as recruiting agent without a valid certificate.—Save as otherwise** provided in this Act, no recruiting agent shall, after the commencement of this Act, commence or carry on the business of recruitment except under and in accordance with a certificate issued in that behalf by the registering authority: Provided that a person carrying on the business of recruiting agent immediately before the commencement of this Act may continue to carry on such business without such a certificate for a period of one month from such commencement, and if he has made an application for such certificate under this Act within the said period of one month and such application is in the prescribed form and contains the prescribed particulars, till the disposal of such application by the registering authority. ----- **11. Application for registration.—(1) An application for registration shall be made to the** registering authority in such form and shall contain such particulars as to the applicant’s financial soundness, trustworthiness, premises at which he intends to carry on his business, facilities at his disposal for recruitment, his antecedents (including information as to whether any certificate had been issued to him under this Chapter earlier and if so, whether such certificate had been cancelled) and previous experience, if any, of recruitment and other relevant matters as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee and an affidavit giving his current financial standing and an undertaking in the form prescribed to the effect that in the event of any information furnished in or along with the application for registration being found to be false or incorrect in any respect, the certificate shall be liable to be cancelled at any time in accordance with the procedure prescribed: Provided that no application shall be entertained under this sub-section from a person disqualified under sub-section (6) of section 14 till the expiry of the period of such disqualification. (2) On receipt of such application, the registering authority shall,— (a) if the application is not in the prescribed form or does not contain any of the prescribed particulars, return the application to the applicant; (b) if the application is in the prescribed form and contains the prescribed particulars, inform the applicant that he is eligible for the grant of the certificate applied for and, after giving the applicant an opportunity to be heard, determine, under sub-section (3), the amount of the security which the applicant shall furnish. (3) The registering authority shall, for securing the due performance of the terms and conditions of the certificate proposed to be issued by it under sub-section (2) to an applicant and for securing compliance with the provisions of this Act and the rules made thereunder and for meeting expenses which may have to be incurred in the event of the repatriation to India of any of the emigrants who may be recruited by the applicant determine, in accordance with the rules made in this behalf, the amount of security (not being in any case less than one lakh of rupees) which shall be furnished by the applicant. (4) If an applicant furnishes in the prescribed manner the amount of security determined under sub-section (3) within a period of one month from the date on which the registering authority requires him to furnish such security, he shall be issued the certificate applied for by him together with an endorsement thereon to the effect that the security required has been furnished by him. (5) If an applicant fails to furnish the security required to be furnished by him within the period specified in sub-section (4), his application shall be deemed to have been rejected by the registering authority on the date of expiry of that period. **12. Terms and conditions of registration.—A certificate issued under section 11 shall be—** (a) in such form as may be prescribed; (b) valid for such period not exceeding five years as may be prescribed: Provided that a certificate may be issued for a period shorter than the prescribed period— (i) if the person to whom it is issued so desires; or (ii) if the registering authority, for reasons to be communicated in writing to the applicant for the certificate, considers in any case that the certificate should be issued for a shorter period; (c) subject to such other terms and conditions, including in particular, the maintenance by the holder of the certificate of the prescribed records containing details of his financial transactions in regard to recruitment, persons recruited or assisted to emigrate by him, employers concerned, contracts and other arrangements entered into in connection with recruitment, as may be prescribed: Provided that a certificate may contain, in addition to the prescribed terms and conditions, such other terms and conditions as the registering authority may, for securing the purposes of this Act, impose in any particular case. ----- **13. Renewal of registration.—A certificate may be renewed from time to time and the provisions of** this Act and the rules made thereunder (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof: Provided that no certificate shall be renewed unless, the application for its renewal is made not less than three months prior to the date on which the certificate, would, but for such renewal, cease to be valid: Provided further that the registering authority may entertain an application for the renewal of a certificate which has been made at any time during the period of three months prior to the date on which the certificate would, but for such renewal, cease to be valid if the applicant satisfied the registering authority that he had sufficient cause for not making such application before the said period. **14. Cancellation, suspension, etc., of a certificate.—(1) The registering authority may cancel any** certificate on any one or more of the following grounds and on no other ground namely:— (a) that having regard to the manner in which the holder of the certificate has carried on his business or any deterioration in his financial position, the facilities at his disposal for recruitment, the holder of the certificate is not a fit person to continue to hold the certificate; (b) that the holder of the certificate has recruited emigrants for purposes prejudicial to the interests of India or for purposes contrary to public policy; (c) that the holder of the certificate has, subsequent to the issue of the certificate, been convicted in India for any offence involving moral turpitude; (d) that the holder of the certificate has, subsequent to the issue of the certificate, been convicted by a court in India for any offence under this Act, the Emigration Act, 1922 (7 of 1922), or any other law relating to passports, foreign exchange, drugs, narcotics or smuggling and sentenced in respect thereof to imprisonment for not less than six months; (e) that the certificate has been issued or renewed on misrepresentation or suppression of any material fact; (f) that the holder of the certificate has violated any of the terms and conditions of the certificate; (g) that in the opinion of the Central Government it is necessary in the interests of friendly relations of India with any foreign country or in the interests of the general public to cancel the certificate. (2) Where the registering authority, for reasons to be recorded in writing, is satisfied that pending the consideration of the question of cancelling any certificate on any of the grounds mentioned in sub-section (1) it is necessary so to do, the registering authority may, by order in writing, suspend the operation of the certificate for such period not exceeding thirty days as may be specified in the order and require the holder of the certificate to show cause, within fifteen days from the date of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled. (3) A court convicting a holder of a certificate for an offence under this Act may also cancel the certificate: Provided that if the conviction is set aside in appeal or otherwise, the cancellation under sub-section (3) shall become void. (4) An order of cancellation of a certificate may be made under sub-section (3) by an appellate court or by a court exercising its powers of revision. (5) Before passing an order cancelling or suspending a certificate the registering authority or the court, as the case may be, shall consider the question as to the provisions and arrangements which should be made for safeguarding the interests of emigrants and other persons with whom the holder of the certificate had any transactions in the course of his business as recruiting agent and may make such orders (including orders permitting the holder of the certificate to continue to carry on his business with respect to all or any such emigrants and other persons) as it may consider necessary in this behalf. ----- (6) Where a certificate issued to any person has been cancelled under this section, such person shall not be eligible to make any application for another certificate under this Chapter until the expiry of a period of two years from the date of such cancellation. CHAPTER IV PERMITS FOR RECRUITMENT BY EMPLOYERS **15. Competent authority.—(1) The Central Government may, by notification, appoint the Protector** General of Emigrants or any other officer of that Government of a rank higher than that of a Protector of Emigrants to be the authority (hereinafter referred to as the competent authority) for issuing permits under this Chapter. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, by notification, authorise any person who is employed under that Government in any country or place outside India to exercise the powers of the competent authority, and issue permits under this Chapter to employers who are not citizens of India for the purpose of recruiting any citizen of India for employment in such country or place and a person so authorised shall endorse a duly certified copy of every permit issued by him under this Chapter to the Protector General of Emigrants. **16. Recruitment by employers to be through recruiting agent or under permit.—Save as** otherwise provided by or under this Act, no employer shall recruit any citizen of India for employment in any country or place outside India except— (a) through a recruiting agent competent under this Act to make such recruitment, or (b) in accordance with a valid permit issued in this behalf under this Chapter. **17. Procedure for obtaining permits.—(1) An employer desiring to obtain a permit under this** Chapter may make an application in that behalf in the prescribed form to the competent authority. (2) On receipt of such application, the competent authority shall, subject to any rules made in this behalf, make such inquiry as he may deem necessary and grant the permit applied for or reject the application: Provided that before granting a permit the competent authority may require the applicant to comply with such conditions as may be prescribed, including conditions as to furnishing of security and such other conditions as that authority may, for reasons to be recorded in writing, deem necessary in the interests of the citizens of India likely to be recruited by the applicant. (3) Subject to the other provisions of this Act, the competent authority may reject an application under sub-section (1) on any one or more of the following grounds and on no other ground, namely:— (a) that the application is not complete in all respects or that any of the material particulars furnished in the application are not true; (b) that the terms and conditions of employment which the applicant proposes to offer to persons recruited or proposed to be recruited by him are discriminatory or exploitative; (c) that the employment which the applicant proposes to offer involves work of a nature which is unlawful according to the laws of India or offends against the public policy of India or is violative of norms of human dignity and decency; (d) that having regard to the antecedents of the applicant, his financial standing, the facilities at his disposal, the working and living conditions of persons employed by him in the past, it would not be in the public interest or in the interests of the persons who may be recruited by him, to issue a permit to him; (e) that having regard to the prevailing circumstances in the country or in the place where the applicant proposes to employ the persons recruited by him, it would not be in the interests of any citizen of India to emigrate for taking up such employment. ----- (4) Where the competent authority makes an order under sub-section (2) rejecting an application, he shall record in writing a brief statement of his reasons for making such order and furnish the applicant, on demand, a copy of the same: Provided that if the competent authority is of the opinion that it is necessary or expedient in the interests of friendly relations with a foreign country or in the interests of the general public so to do, he may refuse to provide such copy or, as the case may be, furnish a copy of only such parts of the statement as he may deem fit. **18. Period of validity of permit.—A permit issued under section 17 shall be valid till the expiry of** such period, not exceeding one year, as may be prescribed, from the date of issue thereof, or till the recruitment or the persons for whose recruitment such permit is issued is completed, whichever is earlier: Provided that where the holder of the permit has been unable for sufficient cause, to complete such recruitment before the expiry of the prescribed period, the prescribed authority may, subject to rules made in this behalf, extend the period of validity of the permit by such further period or periods, not exceeding three months at a time. **19. Registration of certain permits.—Any permit obtained from a person authorised under** sub-section (2) of section 15 shall not be valid unless a certified copy thereof is filed in the prescribed manner with the Protector General of Emigrants. **20. Cancellation or suspension of a permit.—The provisions of section 14 relating to cancellation** and suspension of a certificate referred to therein shall, subject to such modifications as may be necessary (including modifications for construing the references in that section to registering authority as references to competent authority under this Chapter), apply for the cancellation or suspension of a permit. **21. Power to exempt.—The Central Government may, if satisfied that it is necessary or expedient so** to do in the public interest, by notification and subject to such conditions, if any, as may be specified in the notification, exempt any class or classes of employers from the requirement of obtaining a permit under this Chapter. CHAPTER V EMIGRATION CLEARANCE **22. Requirement, etc., as to emigration clearance.—(1) No citizen of India shall emigrate unless he** obtains under this Chapter from the Protector of Emigrants authorisation in the prescribed manner and form (such authorisation being hereinafter referred to as emigration clearance) for emigration. (2) An application for emigration clearance shall be in the prescribed form, shall contain the prescribed particulars and shall be made by the emigrant concerned to the Protector of Emigrants: Provided that such application may be made through the recruiting agent, if any, through whom the emigrant has been recruited or through the employer concerned. (3) Every application under sub-section (2) shall be accompanied by— (a) a true copy (verified and authenticated in the prescribed manner) of the agreement with respect to the employment for the taking up of which the applicant proposes to emigrate and where such agreement does not provide for all or any of the prescribed matters, also a statement (verified and authenticated in the prescribed manner) setting out the particulars with respect to such matters; (b) a statement (verified and authenticated in the prescribed manner) as to the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant; (c) a receipt evidencing the payment of the prescribed fee; (d) such other relevant documents or copies of relevant documents as may be prescribed. ----- (4) The Protector of Emigrants shall, after satisfying himself about the accuracy of the particulars mentioned in the application and in the other documents submitted along with the application, authorise in the prescribed manner and form, the emigration of the applicant or intimate by order in writing the applicant or, as the case may be, the recruiting agent or employer through whom the applications have been made about the deficiencies and required him to make good such deficiencies within such time as may be specified in the order or reject the application. (5) Subject to the other provisions of this Act, the Protector of Emigrants may reject an application for emigration clearance under this section on any one or more of the following grounds and on no other ground, namely:— (a) that the terms and conditions of employment which the applicant proposes to take up are discriminatory or exploitative; (b) that the employment which the applicant proposes to take up involves work of a nature which is unlawful according to the laws of India or offends against the public policy of India or is violative of norms of human dignity and decency; (c) that the applicant will have to work or live in sub-standard working or living conditions; (d) that having regard to the prevailing circumstances in the country or place where the applicant proposes to take up employment or the antecedents of the employer under whom the applicant proposes to take up employment or any other relevant circumstances, it would not be in the interests of the applicant to emigrate; (e) that no provision or arrangement has been made for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant, or that the provisions or arrangements made in this behalf are not adequate for the purpose. (6) Every order rejecting an application for emigration clearance shall set out clearly the ground or grounds on which the order has been made and the facts or circumstances on which such ground or grounds are based. CHAPTER VI APPEALS **23. Appeals.—(1) Any person aggrieved by—** (a) an order of the registering authority rejecting his application for registration or requiring him to furnish any security or to comply with any term or condition (not being a prescribed term or condition) specified in the certificate issued to him or suspending or cancelling or refusing to renew the certificate issued to him; or (b) an order of the competent authority rejecting his application for a permit or requiring him to comply with any terms or conditions (not being a prescribed term or condition) specified in the permit issued to him, or suspending or cancelling or refusing to extend the period of the validity of the permit issued to him; or (c) an order of the Protector of Emigrants rejecting his application for emigration clearance; or (d) an order of the registering authority or the competent authority or the Protector of Emigrants or the prescribed authority requiring him to furnish any security, additional security or fresh security under this Act, or forfeiting or rejecting his claim for refund (whether wholly or partly in either case) of the security, the additional security or the fresh security furnished by him; may prefer an appeal against such order to the Central Government within such period as may be prescribed. (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within that period. ----- (3) The period prescribed for an appeal shall be computed in accordance with the provisions of the Limitation Act, 1963 (36 of 1963), with respect to the computation of periods thereunder. (4) Every appeal under this section shall be made in such form as may be prescribed and shall be accompanied by a copy of the order appealed against and by such fee as may be prescribed. (5) The procedure for disposing of an appeal (including remand of the matter for further consideration to the authority whose order has been appealed against) shall be such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of representing his case. (6) Every order made on an appeal under this section confirming, modifying or reversing the order appealed against shall be final. CHAPTER VII OFFENCES AND PENALTIES **24. Offences and penalties.—(1) Whoever—** (a) except in conformity with the provisions of this Act emigrates; or (b) contravenes the provisions of section 10 or section 16; or (c) by intentionally furnishing any false information or suppressing any material information obtains a certificate or a permit or an emigration clearance under this Act; or (d) without lawful authority makes or causes to be made any alteration in any certificate or permit or in any document or endorsement by way of emigration clearance issued or made under this Act; or (e) disobeys or neglects to comply with any order of the Protector of Emigrants under this Act; or (f) collects from an emigrant any charges in excess of the limits prescribed under this Act; or (g) cheats any emigrant; shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: Provided that in the absence of any special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees. (2) Whoever attempts to commit any offence under sub-section (1) shall be punishable with the punishment provided for such offence under that sub-section. (3) Whoever contravenes any term or condition subject to which any emigration clearance has been given under this Act, shall, if no other punishment is provided elsewhere in this Act for such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both. (4) Whoever abets any offence punishable under this Act shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided for that offence. (5) Whoever, having been convicted of an offence under any provision of this Act is again convicted of an offence under the same provision, shall be punishable, for the second and for each subsequent offence, with double the penalty provided for that offence. **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 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. **26. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), all offences under this Act shall be cognizable. **27. Previous sanction of Central Government necessary.—No prosecution shall be instituted** against any person in respect of any offence under this Act 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: Provided that no sanction shall be required when an offence has been committed in respect of an emigrant or an intending emigrant and the complaint is filed by such emigrant or intending emigrant, or on behalf of such emigrant or intending emigrant, by the father, mother, husband, wife, son, daughter, brother, sister or guardian of such emigrant or intending emigrant, or if such emigrant or intending emigrant is a member of a joint Hindu family, by the manager of that family. **28. Punishment to be without prejudice to any other action.—The award of punishment for an** offence under this Act shall be without prejudice to any other action which has been or which may be taken under this Act with respect to such contravention. CHAPTER VIII MISCELLANEOUS **29. Determination of question as to whether a person is an emigrant.—Where a question arises** before a Protector of Emigrants as to whether a person intending to depart from India is or is not an emigrant, the Protector of Emigrants shall decide the question after holding an inquiry in such manner and upon considering such evidence as may be prescribed and such other evidence as may be relevant, and communicate the decision to such person in the prescribed manner. **30. Power to prohibit emigration to any country in the interests of the general public,** **etc.—(1) Where the Central Government has reason to believe that sufficient grounds exist for** prohibiting emigration to any country, having regard to the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or the interests of the general public, it may, by notification, prohibit emigration to that country. (2) A notification issued under sub-section (1) shall have effect for such period not exceeding six months as may be specified in the notification: Provided that if the Central Government has reason to believe that the grounds mentioned in sub-section (1) continue to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification. **31. Power to prohibit emigration due to outbreak of epidemics, civil disturbances, etc., in a** **country.—(1) Where the Central Government has reason to believe—** (a) that intending emigrants if allowed to emigrate to any country would be exposed to serious risk to life on arrival there by reason of— (i) outbreak of any disease or grave pollution of environment in such country, or (ii) outbreak of hostilities or civil war or civil commotion or political disturbances; ----- (b) that by reason of India not being in diplomatic relations with that country it is not possible to protect the emigrants from discrimination, maltreatment and exploitation, it may, by notification, prohibit emigration to that country. (2) A notification issued under sub-section (1) shall have effect for such period not exceeding six months as may be specified in the notification: Provided that if the Central Government has reason to believe that any ground mentioned in sub-section (1) continues to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification. **32. Power to prohibit emigration of any class or category of persons.—(1) Where the Central** Government considers that in the interests of the general public, immigration of any class or category of persons, having regard to their age, sex or other relevant factors, to any country should be prohibited, it may, by notification, prohibit the emigration to such country of such class or category of persons as may be specified in the notification. (2) A notification issued under sub-section (1) shall have effect for such period not exceeding six months as may be specified in the notification: Provided that if the Central Government has reason to believe that any of the grounds mentioned in sub-section (1) continues to exist, it may, from time to time, by notification, prohibit emigration of such class or category of persons to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification. **33. Provisions as to security.—(1) Any security or other financial provision which may be required** to be made under this Act shall be reasonable having regard to the purpose for which such security or other financial provision is required to be made. (2) The prescribed authority may, after giving notice in the prescribed manner to a person who has furnished any security for any purpose and after giving to such person an opportunity to represent his case, by order in writing, direct that the whole or any part of such security may be forfeited for being utilised for such purpose and in such manner as may be specified in the order. (3) Where it appears to the prescribed authority that the security furnished by any person under this Act for any purpose has, for any reason, become inadequate, or has ceased to be available for any reason whatsoever, the prescribed authority may, after giving him an opportunity to represent his case, by order in writing, require such person to furnish such additional security or, as the case may be, such fresh security as may be specified in the order. **34. Refund of security.—Any security furnished under this Act shall be refunded or, as the case may** be, released, when no longer required for the purpose for which it has been furnished and the other circumstances in which and the manner in which any security furnished under this Act may be released or refunded shall be such as may be prescribed. **35. Power to search, seize and detain persons, conveyance, etc.—All the powers for the time being** conferred by the Customs Act, 1962 (52 of 1962), on officers of customs with regard to the searching and detention of persons, vessels or aircraft or any other conveyance, or seizure of any document or thing or arrest of any person or otherwise for the purpose of prevention or detection of any offence under that Act or for apprehending a person suspected to have committed any offence under that Act may be exercised, for the purpose of prevention or detection of any offence under this Act or for apprehending a person suspected to have committed any offence under this Act, by— (a) any such officer of customs, or (b) the Protector General of Emigrants or a Protector of Emigrants, or (c) an officer in charge of an emigration check-post. ----- **36. Returns and registers.—(1) Every recruiting agent shall maintain such registers and other** records and shall submit to the prescribed authorities such periodical or other returns as may be prescribed. (2) The Protector General of Emigrants, the registering authority, the competent authority or a Protector of Emigrants may, by order, call for any other return or information from a recruiting agent. (3) The Protector General of Emigrants, the registering authority, the competent authority or a Protector of Emigrants or an officer in charge of an emigration check-post may inspect any register or other record maintained by a recruiting agent under sub-section (1) and for the purpose of such inspection, enter, at any reasonable time, the business premises of a recruiting agent. **37. Authorities and officers to have certain powers of civil court.—(1) The Protector General of** Emigrants, the registering authority, the competent authority and every Protector of Emigrants shall, for the purpose of discharging their functions under this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of witnesses; (b) requiring the discovery and production of any document; (c) requisitioning any public record or copy thereof from any court or office; (d) receiving evidence on affidavits; and (e) issuing commissions for the examination of witnesses or documents. (2) Every proceeding before the Protector General of Emigrants, or the registering authority or the competent authority or a Protector of Emigrants shall be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Protector General of Emigrants, the registering authority, the competent authority, and every Protector of Emigrants 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). **38. Power to give directions.—The Central Government may give directions to the Protector** General of Emigrants, the registering authority, the competent authority or any Protector of Emigrants as to the carrying into execution of any provision of this Act. **39. Effect of other laws.—(1) 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 agreement or other instrument having effect by virtue of any enactment other than this Act. (2) Save as provided in sub-section (1), the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. **40. Delegation.—The Central Government may, by notification, direct that any power or function—** (a) which may be exercised or performed by it under this Act, or (b) which may be exercised or performed by a registering authority, a competent authority or a Protector of Emigrants under this Act, may, in relation to such matters, and subject to such conditions, if any, as it may specify in the notification, be also exercised or performed— (i) by such officer or authority subordinate to the Central Government, or (ii) by any State Government or by any officer or authority subordinate to such State Government, or (iii) in any foreign country in which there is no diplomatic mission of India, by such foreign consular office, as may be specified in the notification. ----- **41. Power to exempt.—(1) Where the Central Government, on a reference made to it or otherwise, is** satisfied that having regard to— (a) the friendly relations with any foreign country; or (b) the known reputation of any foreign employer or class of foreign employers, for providing to emigrants standard conditions of living and working, and their methods of recruitment and conditions of employment; or (c) the methods of recruitment followed and the conditions of employment provided by a public undertaking or an approved concern for the execution of its projects abroad; or (d) the facilities and conditions of service provided by Government officers posted abroad to their domestic servants accompanying such Government officers, where the expenditure in respect of the passage of such domestic servants is borne by the Government; and (e) all other relevant considerations, it is necessary or expedient in the public interest so to do, the Central Government may, by notification, and subject to such conditions, if any, as may be specified in the notification, exempt from the operation of all or any of the provisions of this Act, such foreign dignitary or class of foreign employers, public undertaking, approved concern or Government officers. _Explanation.—For the purposes of this sub-section—_ (a) “public undertaking” means— (i) an undertaking owned and controlled by Government; or (ii) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); or (iii) a body corporate established by or under any Central, Provincial or State Act; (b) “approved concern” means such company incorporated under the Companies Act, 1956 (1 of 1956) or partnership firm registered under the Indian Partnership Act, 1932 (9 of 1932), or society registered under the Societies Registration Act, 1860 (21 of 1860) or any other law relating to societies for the time being in force in any State, or co-operative society registered under any Central, Provincial or State law, as the Central Government may, by notification, approve for the purposes of this section. (2) If the Central Government is satisfied that it is necessary for implementing any treaty, agreement or convention between India and a foreign country or foreign countries so to do, it may, by notification, and subject to such conditions, if any, as may be specified in the notification, exempt from the operation of all or any of the provisions of this Act, recruitment by such authorities, agencies or persons as may be specified in the notification either generally or for such purposes as may be specified in the notification. **42. Act not to apply to certain emigrants.—Nothing contained in this Act shall be deemed to apply** to— (a) the recruitment or emigration of any person who is not a citizen of India; (b) the control of recruiting in India for the service of foreign States to which the Foreign Recruiting Act, 1874 (4 of 1874) applies. **43. 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 powers and duties of officers and employees appointed for the purposes of this Act and the terms and conditions of their service; ----- (b) the form of— (i) a certificate to commence or carry on the business of recruitment, and of an application for the issue or renewal thereof; (ii) a permit for the recruitment of persons for employment outside India, and of an application for the issue thereof; (iii) an application for emigration clearance; (iv) an appeal to be preferred to the Central Government; (c) the manner and form in which an authorisation by way of emigration clearance may be given; (d) particulars to be contained in an application for a certificate or a permit or for an emigration clearance; (e) the manner in which different inquiries required to be held under this Act may be held; (f) the manner in which the amount of security for securing the due performance of the terms and conditions of the certificate or permit or for compliance with the provisions of this Act shall be furnished; (g) the manner of verifying or authenticating documents and copies of documents for the purposes of this Act; (h) the procedure to be followed in hearing an appeal preferred to the Central Government; (i) the fees to be paid in respect of applications and other matters under this Act; (j) the charges which a recruiting agent may recover from an emigrant in respect of services rendered and the scales and limits of such charges; (k) the terms and conditions subject to which a certificate or a permit or an emigration clearance may be issued under this Act; (l) the period of the validity of a certificate or a permit issued under this Act; (m) the authority competent to extend the period of validity of a permit or to forfeit security or to require any additional security or fresh security under this Act; (n) the accommodation, the provisions, the medical stores and staff, the life saving and sanitary arrangements and other provisions and arrangement for the well-being, security and protection of emigrants which shall be provided and the records which shall be maintained in any emigrant conveyance. (o) any other matter which is required to be, or may be, prescribed. **44. Notifications and rules to be laid before Parliament.—Every notification issued under** clause (o) of sub-section (1) of section 2, section 30, section 31 or section 32 and every rule made under section 43 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 the rule or both Houses agree that the notification or the rule should not be issued or made, the notification or 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 notification or rule. **45. Repeal of Act 7 of 1922.—The Emigration Act, 1922 is hereby repealed.** -----

8-Dec-1983

34

The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983

https://www.indiacode.nic.in/bitstream/123456789/1843/3/a1983-34.pdf

central

# THE ARMED FORCES (PUNJAB AND CHANDIGARH) SPECIAL POWERS ACT, 1983 ______________ ARRANGEMENT OF SECTIONS _____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to declare areas to be disturbed areas. 4. Special powers of the armed forces. 5. Power of search to include powers to break open locks, etc. 6. Arrested person and seized property to be made over to the police. 7. Protection of persons acting in good faith under this Act. 8. Repeal and saving. 1 ----- # THE ARMED FORCES (PUNJAB AND CHANDIGARH) SPECIAL POWERS ACT, 1983 ACT NO. 34 OF 1983 [8th December, 1983.] # An Act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Punjab and the Union territory of Chandigarh. BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Armed Forces (Punjab** and Chandigarh) Special Powers Act, 1983. (2) It extends to the whole of the State of Punjab and the Union territory of Chandigarh. (3) It shall be deemed to have come into force on the 15th day of October, 1983. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “armed forces” means the military forces and the air forces operating as land forces, and includes any other armed forces of the Union so operating; (b) “disturbed area” means an area which is for the time being declared by notification under section 3 to be a disturbed area; (c) all other words and expressions used herein, but not defined and defined in the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), shall have the meanings respectively assigned to them in those Acts. **3. Power to declare areas to be disturbed areas.—If, in relation to the State of Punjab or the Union** territory of Chandigarh, the Governor of that State or the Administrator of that Union territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of the State or the Administrator of that Union territory or the Central Government, as the case may be, by notification in the Official Gazette, declare the whole or such part of that State or Union territory to be a disturbed area. **4. Special powers of the armed forces.—Any commissioned officer, warrant officer,** non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,— (a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances; (b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or likely to be made or are attempted to be made or any structure used as a training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence; (c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest; (d) enter and search, without warrant, any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary, and seize any such property, arms, ammunition or explosive substances; (e) stop, search and seize any vehicle or vessel reasonably suspected to be carrying any person who is a proclaimed offender, or any person who has committed a non-cognizable offence, or against 2 ----- whom a reasonable suspicion exists that he has committed or is about to commit a non-cognizable offence, or any person who is carrying any arms, ammunition or explosive substance believed to be unlawfully held by him and may, for that purpose, use such force as may be necessary to effect such stoppage, search or seizure, as the case may be. **5. Power of search to include powers to break open locks, etc.—Every person making a search** under this Act shall have the power to break open the lock of any door, almirah, safe, box, cupboard, drawer, package or other thing, if the key thereof is withheld. **6. Arrested person and seized property to be made over to the police.—Any person arrested and** taken into custody under this Act and every property, arm, ammunition or explosive substance or any vehicle or vessel seized under this Act, shall be made over to the officer-in-charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest, or, as the case may be, occasioning the seizure of such property, arm, ammunition or explosive substance or any vehicle or vessel, as the case may be. **7. Protection of persons acting in good faith under this Act.—No prosecution, suit or other legal** proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act. **8. Repeal and saving.—(1) The Armed Forces (Punjab and Chandigarh) Special Powers Ordinance,** 1983 (9 of 1983), 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-Dec-1983

33

The Chandigarh Disturbed Areas Act, 1983

https://www.indiacode.nic.in/bitstream/123456789/1823/1/A1983-33.pdf

central

# THE CHANDIGARH DISTURBED AREAS ACT, 1983 __________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Powers to declare areas to be disturbed areas. 4. Power to fire upon persons contravening certain orders. 5. Powers to destroy arms dump, fortified positions, etc. 6. Protection of persons acting under sections 4 and 5. 7. Repeal and saving. 1 ----- # THE CHANDIGARH DISTURBED AREAS ACT, 1983 ACT NO. 33 OF 1983 [8th December, 1983.] # An Act to make better provision for the suppression of disorder and for the restoration and maintenance of public order in disturbed areas in Chandigarh. BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Chandigarh Disturbed** Areas Act, 1983. (2) It extends to the whole of the Union territory of Chandigarh. (3) It shall be deemed to have come into force on the 7th day of October, 1983. **2. Definitions.—In this Act,—** (a) “Administrator” means the Administrator of the Union territory of Chandigarh appointed under article 239 of the Constitution; (b) “disturbed area” means the area which is for the time being declared by notification under section 3 to be a disturbed area. **3. Powers to declare areas to be disturbed areas.—The Administrator may, by notification in the** Official Gazette, declare that the whole or any part of the Union territory of Chandigarh as may be specified in the notification, is a disturbed area. **4. Power to fire upon persons contravening certain orders.—Any Magistrate or Police Officer not** below the rank of Sub-Inspector or Havildar in case of the Armed Branch of the Police may, if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning, as he may consider necessary, fire upon, or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances. **5. Powers to destroy arms dump, fortified positions, etc.—Any Magistrate or Police Officer not** below the rank of a Sub-Inspector may, if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made or any structure used as training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence. **6. Protection of persons acting under sections 4 and 5.—No suit, prosecution or other legal** proceedings shall be instituted except with the previous sanction of [1][the Central Government]against any person in respect of anything done or purporting to be done in exercise of the powers conferred by sections 4 and 5. **7. Repeal and saving.—(1) The Chandigarh Disturbed Areas Ordinance, 1983 (6 of 1983), 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. Subs. by Act 15 of 1989, s. 2,for “the Administrator” (w.e.f. 18-5-1989). 2 -----

8-Dec-1983

32

The Punjab Disturbed Areas Act, 1983

https://www.indiacode.nic.in/bitstream/123456789/1800/1/A1983-32.pdf

central

# THE PUNJAB DISTURBED AREAS ACT, 1983 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definition. 3. Powers to declare areas to be disturbed areas. 4. Power to fire upon persons contravening certain orders. 5. Powers to destroy arms dump, fortified positions, etc. 6. Protection of persons acting under sections 4 and 5. 7. Repeal and saving. 1 ----- # THE PUNJAB DISTURBED AREAS ACT, 1983 ACT NO. 32 OF 1983 [8th December, 1983.] # An Act to make better provision for the suppression of disorder and for the restoration and maintenance of public order in disturbed areas in Punjab. BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called The Punjab Disturbed Areas** Act, 1983. (2) It extends to the whole of the State of Punjab. (3) It shall be deemed to have come into force on the 7th day of October, 1983. **2. Definition.—In this Act, “disturbed area” means an area which is for the time being declared by** notification under section 3 to be a disturbed area. **3. Powers to declare areas to be disturbed areas.—The State Government may, by notification in** the Official Gazette, declare that the whole or any part of any district of Punjab as may be specified in the notification, is a disturbed area. **4. Power to fire upon persons contravening certain orders.—Any Magistrate or Police Officer not** below the rank of Sub-Inspector or Havildar in case of the Armed Branch of the Police may, if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning, as he may consider necessary, fire upon, or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances. **5. Powers to destroy arms dump, fortified positions, etc.—Any Magistrate or Police Officer not** below the rank of a Sub-Inspector may, if he is of the opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks arc made or are likely to be made or are attempted to be made or any structure used as training camp for armed volunteers or utilized as a hide-out by armed gangs or absconders wanted for any offence. **6. Protection of persons acting under sections 4 and 5.—No suit, prosecution or other legal** proceedings shall be instituted except with the previous sanction of the[1][Central Government] against any person in respect of anything done or purporting to be done in exercise of the powers conferred by sections 4 and 5. **7. Repeal and saving.—(1) The Punjab Disturbed Areas Ordinance, 1983 (5 of 1983), 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. Subs. by President Act 2 of 1989, s. 2, for “State Government” (w.e.f. 3-4-1989). 2 -----

25-Dec-1983

39

The Illegal Migrants (Determination by Tribunals) Act, 1983

https://www.indiacode.nic.in/bitstream/123456789/1766/3/a1983-39.pdf

central

# THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983 ___________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Application. 3. Definitions and construction of references. 4. Overriding effect of the Act. CHAPTER II ESTABLISHMENT OF TRIBUNALS 5. Establishment of Illegal Migrants (Determination) Tribunals. 6. Filling of vacancies. 7. Staff of the Tribunals. 8. References or applications to Tribunals. 8A. Application to the Central Government for reference. 9. Powers of Tribunal. 10. Procedure with respect to references under sub-section (1) of section 8. 11. Procedure with respect to applications under sub-section (2) of section 8. 12. Determination of the question as to whether a person is an illegal migrant. 13. Reference and application to be disposed of within six months. 14. Appeal. 15. Appellate Tribunal. 16. Order of the Appellate Tribunal. 17. Power of superintendence by Appellate Tribunal. CHAPTER III PROVISIONSAPPLICABLE TO ALL TRIBUNALS 18. Procedure. 19. Proceeding before every Tribunal to be judicial proceeding for certain purposes. CHAPTER IV ENFORCEMENT OF THE ORDERS MADE BY THE TRIBUNALS 20. Expulsion of illegal migrants. CHAPTER V MISCELLANEOUS 21. Delegation of powers. 21A. Power to bind certain persons against whom complaint is made under the Act. 22. Power to give effect to the orders, etc. 23. Bar of jurisdiction of civil courts. 24. Transitory provision. 25. Penalties. 26. Protection of action taken in good faith. 27. Power to remove difficulties. 28. Power to make rules. 29. Repeal and saving. 1 ----- # THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ACT, 1983 # ACT NO. 39 OF 1983 [25th December, 1983.] # An Act to provide for the establishment of Tribunals for the determination, in a fair manner, of the question whether a person is an illegal migrant to enable the Central Government to expel illegal migrants from India and for matters connected therewith or incidental thereto. WHEREAS a good number of the foreigners who migrated into India across the borders of the eastern and north-eastern regions of the country on and after the 25th day of March, 1971, have, by taking advantage of the circumstances of such migration and their ethnic similarities and other connections with the people of India and without having in their possession any lawful authority so to do, illegally remained in India; AND WHEREAS the continuance of such foreigners in India is detrimental to the interests of the public of India; AND WHEREAS on account of the number of such foreigners and the manner in which such foreigners have clandestinely been trying to pass off as citizens of India and all other relevant circumstances, it is necessary for the protection of the citizens of India to make special provisions for the detection of such foreigners in Assam and also in any other part of India in which such foreigners may be found to have remained illegally; BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—This Act may be called the Illegal Migrants** (Determination by Tribunals) Act, 1983. (2) It extends to the whole of India. (3) It shall be deemed to have come into force in the State of Assam on the 15th day of October, 1983 and in any other State on such date as the Central Government may, by notification in the Official Gazeette, appoint and different dates may be appointed for different States and references in this Act to the commencement of this Act shall be construed in relation to any State as references to the date of commencement of this Act in such State. **2. Application.—Nothing in this Act shall apply to or in relation to—** (a) any person who was in any State and who had been expelled from that State or India before the commencement of this Act in that State or in relation to whose expulsion from such State or India any order made before such commencement under any other law is in force; (b) any person detected as a foreigner at the time of his entry across any border of India; (c) any foreigner who, having entered into India under a valid passport or travel document, continued to remain therein after the expiry of the period for which he was authorised to remain in India under such passport or travel document. **3. Definitions and construction of references.—(1) In this Act, unless the context otherwise** requires,— (a) “Appellate Tribunal” means an Appellate Tribunal established by the Central Government under sub-section (1) of section 15; (b) “foreigner” has the same meaning as in the Foreigners Act, 1946 (31 of 1946); (c) “illegal migrant” means a person in respect of whom each of the following conditions is satisfied, namely:— (i) he has entered into India on or after the 25th day of March, 1971, 2 ----- (ii) he is a foreigner, (iii) he has entered into India without being in possession of a valid passport or other travel document or any other lawful authority in that behalf; (d) “notification” means a notification published in the Official Gazette; (e) “prescribed” means prescribed by rules made under this Act; (f) “Tribunal” means a Tribunal established by the Central Government under sub-section (1) of section 5. (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. **4. Overriding effect of the Act.—(1) The provisions of this Act or of any rule or order made** thereunder shall have effect notwithstanding anything contained in the Passport (Entry into India) Act, 1920 (34 of 1920) or the Foreigners Act, 1946 (31 of 1946) or the Immigrants (Expulsion from Assam) Act, 1950 (10 of 1950) or the Passports Act, 1967 (15 of 1967) or any rule or order made under any of the said Acts and in force for the time being. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), nothing in the proviso to section 2 of the Immigrants (Expulsion from Assam) Act, 1950 (10 of 1950)shall apply to or in relation to an illegal migrant as defined in Clause (c) of sub-section (1) of section 3. CHAPTER II ESTABLISHMENT OF TRIBUNALS **5. Establishment of Illegal Migrants (Determination) Tribunals.—(1) The Central Government** may, by notification, establish, for the purposes of this Act, as many Illegal Migrants (Determination) Tribunals as it may deem necessary and specify the principal place of sitting of, and the territorial limits within which, each such Tribunal shall exercise its jurisdiction. (2) No person shall be appointed as a member of any such Tribunal unless he is or has been a District Judge or an Additional District Judge in any State. (3) Each Tribunal shall consist of[1][two members]. (4) On the establishment of a Tribunal, the Central Government shall appoint one of the members thereof as the Chairman of such Tribunal. (5) Each Tribunal shall sit in its principal place of sitting and in such other place or places as its Chairman may, from time to time, appoint. **6. Filling of vacancies.—If, for any reason, any vacancy occurs in the office of the Chairman or [2][the** member] of a Tribunal, the Central Government may fill the vacancy by appointing any person who fulfils the qualifications specified in sub-section (2) of section 5, as the Chairman, or, as the case may be, member of such Tribunal. **7. Staff of the Tribunals.—The Central Government shall make available to every Tribunal such** staff as may be necessary for the discharge of its functions under this Act. **8. References or applications to Tribunals.—(1) If any question arises as to whether any person is** or is not an illegal migrant, the Central Government may, whether such question has arisen on a representation made by such person against any order under the Foreigners Act, 1946 (31 of 1946) requiring him not to remain in India or to any other effect or has arisen in any other manner whatsoever, refer such question to a Tribunal for decision. (2)[3]*** any person may make an application to the Tribunal, for its decision, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant: 4[Provided that no such application shall be entertained by the Tribunal unless the person in relation to whom the application is made is found, or resides, within the jurisdiction of the same police station wherein the applicant has the place of residence.] 1. Subs. by Act 24 of 1988, s. 2, for “three members” (w.e.f. 25-4-1988). 2. Subs. by s. 3, ibid., for “any other member” (w.e.f. 25-4-1988). 3. The words, brackets and figure “Without prejudice to the power conferred on the Central Government by sub-section (1)” omitted by s. 4, ibid. (w.e.f. 25-4-1988). 4. Subs. by s. 4, ibid., for the proviso (w.e.f. 25-4-1988). 3 ----- (3) Every application made under sub-section (2) shall be made in such form and in such manner as may be prescribed and shall be accompanied by affidavits sworn by not less than[1][two persons residing within the jurisdiction of the same police station] in which the person referred to in the application is found, or residing, corroborating the averments made in the application, and shall also be accompanied by such fee, being not less than[2][ten] and not more than one hundred, rupees, as may be prescribed. 3[(4) Every reference under sub-section (1) shall be made to the Tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is, at the time of making such reference, situated: Provided that where such person has no place of residence, the reference shall be made to the Tribunal within the territorial limits of whose jurisdiction such person, is at the time of making such reference, found. (5) Every application under sub-section (2) shall be made to the Tribunal within the territorial limits of whose jurisdiction the person named in such application is found or, as the case may be, has his place of residence, at the time of making such application.] **4[8A. Application to the Central Government for reference.—(1) Any person may make an** application to the Central Government, for decision by a Tribunal, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant, and where any such application is received by the Central Government, it may, on the basis of any information in its possession or after making such inquiry as it deems fit, reject the application on the ground that the application is frivolous or vexatious or it does not comply with the requirements of this section or refer such application to a Tribunal for decision. (2) Every application made under sub-section (1) shall be made in such form and in such manner as may be prescribed and shall be accompanied by a declaration by another person residing within the jurisdiction of the same revenue sub-division in which the applicant resides in such form as may be prescribed to the effect that the particulars mentioned in the application are true to his knowledge, information and belief: Provided that no person shall make more than ten such applications or more than ten such declarations. (3) Every reference under sub-section (1) shall be made to the Tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is, at the time of making such reference, situated: Provided that where such person has no place of residence, the reference shall be made to the Tribunal within the territorial limits of whose jurisdiction such person is, at the time of making such reference, found.] **9. Powers of Tribunal.—Every Tribunal 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) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning of public records from any court or office; (e) issuing of any commission for the examination of witnesses. **10. Procedure with respect to references under sub-section (1) of section 8.—On receipt of a** reference under sub-section (1) of[5][section8 or sub-section (1) of section 8A] the Tribunal shall serve on the person named in such reference, a notice, accompanied by a copy of such reference,calling upon him to make, within a period of thirty days from the date of receipt of such notice, such representation with 1. Subs. byAct 24 of 1988, s. 4, for “two persons residing within three kilometres of the area” (w.e.f. 25-4-1988). 2. Subs. by s. 4, ibid.,for “twenty-five” (w.e.f. 25-4-1988). 3. Subs. by s. 4, ibid., for sub-section (4) (w.e.f. 25-4-1988). 4. Ins. by s. 5, ibid. (w.e.f. 25-4-1988). 5. Subs. s. 6,ibid.,for “section 8” (w.e.f. 25-4-1988). 4 ----- regard to the averments made in the reference, and to produce such evidence as he may think fit in support of his defence: Provided that if the Tribunal is satisfied that the person aforesaid was prevented by sufficient cause from making his representation and from producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify. **11. Procedure with respect to applications under sub-section (2) of section 8.—(1) On receipt of** an application under sub-section (2) of section 8, the Tribunal shall issue a notice, accompanied by a copy of the application, to the prescribed authority calling upon it to furnish, after making such inquiry as that authority may deem fit, a report to the Tribunal with regard to the averments made in the application. (2) If, on a consideration of the report made by the prescribed authority,the Tribunal is satisfied that— (a) the person named in the application is not an illegal migrant or that the application is frivolous of vexatious, or has not been made in good faith, the Tribunal shall, after giving the applicant an opportunity to be heard, reject the application; (b) there are reasonable grounds to believe that the person named in the application is an illegal migrant, the Tribunal shall issue a notice accompanied by a copy of the application, to the person named in the application, calling upon him to make, within thirty days from the date of receipt of the notice, such representation with regard to the averments made in the application and to produce such evidence as he may think fit in support of his defence: Provided that if the Tribunal is satisfied that the person aforesaid was prevented by sufficient cause from making his representation and from producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify. **12. Determination of the question as to whether a person is an illegal migrant.—(1) The Tribunal** to which a reference has been made under[1][section 8 or section 8A, or to which an application has been made under section 8], 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 it may deem appropriate, by order, decide the question as to whether the person named in such reference or application, as the case may be, is or is not an illegal migrant: Provided that where for the determination of such question in any case the decision on any issue renders any decision on any other issue or issues unnecessary, the Tribunal may not decide such other issue or issues. 2[(2) Where the members of the Tribunal differ in their opinion on any point, the Chairman of the Tribunal shall state the point or points on which they differ and make a reference to the President of the Appellate Tribunal which exercises jurisdiction in relation to the Tribunal who shall refer the case for hearing on such point or points by a member of another Tribunal under its jurisdiction and such point or points shall be decided according to the opinion of that member and such decision shall be deemed to be the decision of the Tribunal.] (3) The Tribunal shall send a copy of every order passed by it to the prescribed authority[3][or authorities] and to the parties to the reference, or the application, as the case may be. (4) Every order passed under sub-section (1) shall, subject to the decision of the Appellate Tribunal, be final and shall not be called in question in any court. **13. Reference and application to be disposed of within six months.—Every reference made to a** Tribunal under[4][section 8 or section 8A or application made to a Tribunal under section 8] shall be inquired into as expeditiously as possible and every endeavour shall be made to conclude such inquiry 1. Subs. by Act 24 of 1988, s. 7, for “section 8, or to which an application has been made under that section” (w.e.f. 25-4-1988). 2. Subs. by s. 7, ibid.,for sub-section (2) (w.e.f. 25-4-1988). 3. Ins. by s. 7, ibid. (w.e.f. 25-4-1988). 4. Subs. by s. 8, ibid., for “section 8 or application made to a Tribunal under that section” (w.e.f. 25-4-1988). 5 ----- within a period of six months from the date of the service, on the person concerned, of a copy of such reference or application. **14. Appeal.—The Central Government, or any person, named in a reference or an application under** section 8, or any applicant under sub-section (2) of that section[1][or any person named in a reference under section 8A] may, if it or he is not satisfied with any order made by a Tribunal under section 12, prefer an appeal to the Appellate Tribunal against such order. **15. Appellate Tribunal.—(1) The Central Government may, by notification, establish for each State** in which this Act is in force an Appellate Tribunal to be known as the Illegal Migrants (Determination) Appellate Tribunal for deciding appeals preferred under section 14 against orders made by Tribunals in the State and specify the principal place of sitting of such Appellate Tribunal. (2) No person shall be appointed as a member of an Appellate Tribunal unless he is or has been a Judge of a High Court. (3) An Appellate Tribunal shall consist of as many members, not being[2][less than two] and more than six, as the Central Government may think fit. (4) The Central Government shall appoint one of the members of an Appellate Tribunal to be the President thereof. (5) An Appellate Tribunal shall sit in its principal place of sitting or any such other place or places as the President thereof may, from time to time, appoint. (6) The powers and functions of an Appellate Tribunal may be exercised and discharged by benches constituted by the President thereof from amongst the members thereof[3][which may either be single member benches or benches consisting of not less than two members.] (7) The Central Government shall make available to every Appellate Tribunal such staff as may be necessary for the discharge of its functions under this Act. (8) Every memorandum of appeal to an Appellate Tribunal shall be made in such form and in such manner as may be prescribed, and, in the case of an appeal preferred by an applicant under sub-section (2) of section 8, shall also be accompanied by such fee, not being less than twenty-five and more than one hundred rupees, as may be prescribed. (9) Every appeal shall be preferred within thirty days from the date on which the order sought to be appealed against was communicated to the appellant: Provided that the Appellate Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period, admit an appeal after the expiry of the aforesaid period of thirty days. 4[(10) Every Appellate Tribunal shall have the same powers as are vested in an appellate court under the Code of Civil Procedure, 1908 (5 of 1908), while hearing an appeal.] **16. Order of the Appellate Tribunal.—(1) The Appellate Tribunal may, after giving the parties to** the appeal a reasonable opportunity of being heard, pass such orders thereon as it may think fit, confirming, modifying or annulling the order appealed against or may remand the case to the Tribunal which had passed such order with such directions to that Tribunal as the Appellate Tribunal may think fit, for fresh determination after taking additional evidence, if necessary. (2) Where an appeal had been heard by the Appellate Tribunal and the members thereof differ in their opinion on any point, the decision on such point shall, where there is a majority, be according to the opinion of such majority, and where there is no majority and the members are equally divided in their opinion, they shall draw up a statement of the facts of the case and the point or points on which they differ in their opinion and make a reference of the point or points or of the appeal, as the case may be, to the President of such Tribunal, and on receipt of such reference, the President of the Tribunal shall arrange for the hearing of such point or points, or the appeal, by one or more of the members of the Appellate 1. Ins. by Act 24 of 1988, s. 9 (w.e.f. 25-4-1988). 2. Subs. by s. 10,ibid.,for “less than three” (w.e.f. 25-4-1988). 3. Subs. by s. 10, ibid., for “and each bench shall consist of not less than two members” (w.e.f. 25-4-1988). 4. Subs. bys. 10, ibid.,for sub-section (10) (w.e.f. 25-4-1988). 6 ----- Tribunal, and such point or points, or the appeal, as the case may be, shall be decided according to the opinion of the majority of the members of the Appellate Tribunal, who have heard the appeal, including those who had first heard it. 1[(3) The Appellate Tribunal shall send a copy of every order passed by it under sub-section (1) to the parties to the appeal, to the Tribunal concerned and to the prescribed authority or authorities.] (4)[2]*** every order passed under sub-section (1), other than an order remanding the case, shall be final and no order passed under that sub-section shall be called in question in any court. 3[17. Power of superintendence by Appellate Tribunal.—(1) Every Appellate Tribunal shall have superintendence overall the Tribunals in the State. (2) Without prejudice to the generality of the foregoing provisions, the Appellate Tribunal may— (a) call for returns from any Tribunal; (b) make general rules and specify forms for regulating the practice and proceedings of Tribunals; and (c) specify the forms in which books, entries and accounts shall be kept by the officers of Tribunals.] CHAPTER III PROVISIONS APPLICABLE TO ALL TRIBUNALS **18. Procedure.—Subject to the provisions of this Act and the rules made thereunder, every Tribunal** and every Appellate Tribunal shall have the power to regulate its own procedure in all matters arising out of the exercise of its powers or for the discharge of its functions. **19. Proceeding before every Tribunal to be judicial proceeding for certain purposes.—Every** proceeding before a Tribunal or 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 every such Tribunal or Appellate Tribunal, as the case may be, shall be deemed to a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). CHAPTER IV ENFORCEMENT OF THE ORDERS MADE BY THE TRIBUNALS **20. Expulsion of illegal migrants.—[4][(1)] Where a person has been determined by a Tribunal, or, as** the case may be, by the Appellate Tribunal, to be an illegal migrant, the Central Government shall, by order served on such person, direct such person to remove himself from India within such time and by such route as may be specified in the order and may give such further directions in regard to his removal from India as it may consider necessary or expedient. 5[(2) Any police officer not below the rank of a Superintendent of Police shall have such powers as may be necessary, including the power to obtain a bond from any person for the due compliance of an order under sub-section (1) and to arrest such person in the event of his failure to furnish such bond to the satisfaction of such police officer.] CHAPTER V MISCELLANEOUS **21. Delegation of powers.—The Central Government may, by notification, direct that the powers and** duties conferred or imposed on it by this Act, other than the powers conferred by section 28, and the powers conferred by this section, may, subject to such conditions as may be specified in the notification, be exercised or discharged also by— (a) any officer subordinate to the Central Government; 1. Subs. by Act 24 of 1988, s. 11, for sub-section (3) (w.e.f. 25-4-1988). 2. The words and figures “Subject to the provisions of section 17” omitted by s. 11, ibid. (w.e.f. 24-4-1988). 3. Subs. by s. 12, ibid., for section 17 (w.e.f. 24-4-1988). 4. S. 20 renumbered as sub-section (1) thereof bys. 13, ibid.(w.e.f. 24-4-1988). 5. Ins. by s. 13, ibid. (w.e.f. 24-4-1988). 7 ----- (b) any State Government or any officer subordinate to that Government. **1[21A. Power to bind certain persons against whom complaint is made under the Act.—** Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for a police officer not below the rank of a Superintendent of Police, if he is satisfied that the circumstances so require and for reasons to be recorded in writing, to direct any person against whom a reference or an application has been made under this Act to enter into a bond with or without sureties for making himself available for the inquiry and observance of such restrictions or conditions as may be specified by such police officer: Provided that if such person fails to enter into such bond he may be arrested and detained in such manner as may be prescribed.] **22. Power to give effect to the orders, etc.—Any authority empowered by or in pursuance of the** provisions of this Act to exercise any power, may, in addition to any other action expressly provided for in this Act, take, or cause to be taken, such steps, and use, or cause to be used, such force, as may in its opinion be reasonably necessary for the effective exercise of such power. **23. Bar of jurisdiction of civil courts.—Where a Tribunal or Appellate Tribunal has been** established for any area for the purpose of determining whether a person is or is not an illegal migrant, no civil court shall have jurisdiction to entertain any question relating to that matter in that area and no injunction or any other order in respect of any action taken by, or before, the Tribunal or Appellate Tribunal in respect of that matter shall be granted or made by any civil court. **24. Transitory provision.—Where in any suit or other legal proceeding pending, whether in a civil** court or in any Tribunal established under any other law for the time being in force, immediately before the commencement of this Act, a question arises as to whether a person is or is not an illegal migrant, such court or Tribunal shall, without deciding such question, make an order transferring such suit or other legal proceeding to the Tribunal under this Act within the territorial limits of whose jurisdiction such court or other Tribunal is situate and on such transfer such question shall be dealt with by such Tribunal in accordance with the provisions of this Act. **25. Penalties.—Any person who,—** (a) contravenes or attempts to contravene, or abets the contravention of, any order made under section 20; or (b) fails to comply with any direction given by any such order; or (c) harbours any person who has contravened any order made under section 20 or has failed to comply with any direction given by any such order, 2[shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than two thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than two thousand rupees.] **26. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against any person for anything which is in good faith done or intended to be done under this Act. **27. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by order to be published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House or Parliament. 1. Ins. by Act 24 of 1988, s. 14(w.e.f. 24-4-1988). 2. Subs. bys. 15,ibid.,for certain words (w.e.f. 24-4-1988). 8 ----- **28. 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 powers, such rules may provide for all or any of the following matters, namely:— (a) the form and the manner in which an application may be made and the fee which shall accompany such application, as required by sub-section (3) of section 8; 1[(aa) the form and the manner in which an application, and the form in which a declaration, may be made under sub-section (2) of section 8A;] 2[(b) the authority or authorities to be prescribed under sections 11, 12 and 16;] (c) the form and the manner in which an appeal to the Appellate Tribunal may be preferred and the fee which shall accompany such appeal as required by sub-section (8) of section 15; 1[(ca) the manner of arrest and detention under the proviso to section 21A;] (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. **29. Repeal and saving.—(1) The Illegal Migrants (Determination by Tribunals) Ordinance, 1983** (8 of 1983), 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. Ins. byAct 24 of 1988, s. 16(w.e.f. 24-4-1988). 2. Subs. by s. 16, ibid., for clause (b) (w.e.f. 24-4-1988). 9 -----

30-Dec-1983

48

The Public Financial Institutions (Obligation as to Fidelity and Secrecy) Act, 1983

https://www.indiacode.nic.in/bitstream/123456789/1821/3/A1983-48.pdf

central

# THE PUBLIC FINANCIAL INSTITUTIONS (OBLIGATION AS TO FIDELITY AND SECRECY) ACT, 1983 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title. 2. Definitions. 3. Obligation as to fidelity and secrecy. 4. Declaration of fidelity and secrecy. 5. [Repealed.]. 6. [Repealed.]. 1 ----- # THE PUBLIC FINANCIAL INSTITUTIONS (OBLIGATION AS TO FIDELITY AND SECRECY) ACT, 1983 ACT NO. 48 OF 1983 [30th December, 1983.] # An Act to provide for the obligation of public financial institutions as to fidelity and secrecy. BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:— **1. Short title.—This Act may be called the Public Financial Institutions (Obligation as to Fidelity and** Secrecy) Act, 1983. **2. Definitions.—(1) In this Act, “public financial institution” means—** (a) the Industrial Credit and Investment Corporation of India Limited, a company formed and registered under the Indian Companies Act, 1913(7 of 1913); (b) the Industrial Reconstruction Corporation of India Limited, a company formed and registered under the Companies Act, 1956(1 of 1956); or (c) any other institution, being a company as defined in section 617 of the Companies Act, 1956(1 of 1956) or a company to which the provisions of section 619 of that Act apply, which the Central Government may, having regard to the nature of the business carried on by such institution, by notification in the Official Gazette, specify to be a public financial institution for the purposes of this Act. (2) Every notification issued under clause (c) of sub-section (1) shall, as soon as may be, after it is issued, be laid before each House of Parliament. **3. Obligation as to fidelity and secrecy.—(1) A public financial institution shall not, except as** otherwise provided in sub-section (2) or in any other law for the time being in force, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage, customary among bankers, necessary or appropriate for the public financial institution to divulge such information. (2) A public financial institution may, for the purpose of efficient discharge of its functions, collect from, or furnish to,— (a) the Central Government; or (b) the State Bank of India constituted under section 3 of the State Bank of India Act, 1955(23 of 1955), any subsidiary bank within the meaning of the State Bank of India (Subsidiary Banks) Act, 1959(38 of 1959), any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970(5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), any other scheduled bank within the meaning of the Reserve Bank of India Act, 1934(2 of 1934); or (c) any other public financial institution, such credit information or other information as it may consider useful for the purpose, in such manner and at such time as it may think fit. _Explanation.—For the purposes of this sub-section, the expression “credit information” shall have the_ same meaning as in clause (c) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934) subject to the modification that the banking company referred to therein shall mean a bank referred to in clause (b) of this sub-section or a public financial institution. 1[(3) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005 (30 of 2005).] 1. Ins. by Act 30 of 2005, s. 34 and the Schedule (w.e.f. 14-12-2006). 2 ----- **4. Declaration of fidelity and secrecy.—Every director, member of any committee, auditor or** officer or any other employee of a public financial institution to which this Act applies, shall,— (a) before entering upon his duties; or (b) where he has entered upon his duties as such before the date on which this Act became applicable to such institution, within thirty days from the date on which this Act became applicable to such institution, make a declaration of fidelity and secrecy in the form set out in the Schedule to this Act. **5. [Amendment of Act 15 of 1948.] Rep. by the Repealing and Amending Act, 1988 (19 of 1988), s. 2 and the** _First Schedule (w.e.f. 31-3-1988)._ **6. [Amendment of Act 63 of 1951.] Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 31-3-1988).** 3 ----- THE SCHEDULE (See section 4) DECLARATION OF FIDELITY AND SECRECY I, _____________________________________________, do hereby declare that I will faithfully, truly and to the best of my skill and ability, execute and perform the duties required of me as director, member of any Committee, auditor, officer or other employee (as the case may be) of the ________________________* and which properly relate to the office or position held by me in, or in relation to, the 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 the business of any person having any dealing with the ___________ Signed before me. _Signature._ *Here insert the name of the public financial institution concerned. 4 -----

16-Mar-1984

03

The Prevention of Damage to Public Property Act, 1984

https://www.indiacode.nic.in/bitstream/123456789/1770/1/198403.pdf

central

# THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Mischief causing damage to public property. 4. Mischief causing damage to public property by fire or explosive substance. 5. Special provisions regarding bail. 6. Saving. 7. Repeal and saving. 1 ----- # THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 ACT NO. 3 OF 1984 [16th March, 1984.] # An Act to provide for prevention of damage to public property and for matters connected therewith. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Prevention of** Damage to Public Property Act, 1984. (2) It extends to the whole of India [1]***. (3) It shall be deemed to have come into force on the 28th day of January, 1984. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “mischief” shall have the same meaning as in section 425 of the Indian Penal Code (45 of 1860); (b) “public property” means any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of— (i) the Central Government; or (ii) any State Government; or (iii) any local authority; or (iv) any corporation established by, or under, a Central, Provincial or State Act; or (v) any company as defined in section 617 of the Companies Act, 1956 (1 of 1956); or (vi) any institution, concern or undertaking which the Central Government may, by notification in the Official Gazette, specify in this behalf: Provided that the Central Government shall not specify any institution, concern or undertaking under this sub-clause unless such institution, concern or undertaking is financed wholly or substantially by funds provided directly or indirectly by the Central Government or by one or more State Governments, or partly by the Central Government and partly by one or more State Governments. **3. Mischief causing damage to public property.—(1) Whoever commits mischief by doing any** act in respect of any public property, other than public property of the nature referred to in sub-section (2), shall be punished with imprisonment for a term which may extend to five years and with fine. (2) Whoever commits mischief by doing any act in respect of any public property being— (a) any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy; (b) any oil installations; (c) any sewage works; (d) any mine or factory; (e) any means of public transportation or of tele-communications, or any building, installation or other property used in connection therewith, shall be punished with rigorous imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine: Provided that the court may, for reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than six months. 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 ----- **4. Mischief causing damage to public property by fire or explosive substance.—Whoever** commits an offence under sub-section (1) or sub-section (2) of section 3 by fire or explosive substance shall be punished with regorous imprisonment for a term which shall not be less than one year, but which may extend to ten years and with fine: Provided that the court may, for special reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than one year. **5. Special provisions regarding bail.—No person accused or convicted of an offence punishable** under section 3 or section 4 shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release. **6. Saving.—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, and nothing contained in this Act shall exempt any person from any proceeding (whether by way of investigation or otherwise) which might apart from this Act, be instituted or taken against him. **7. Repeal and saving.—(1) The Prevention of Damage to Public Property Ordinance,** 1984 (Ord. 3 of 1984), 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 -----

23-Mar-1984

05

The Asiatic Society Act, 1984

https://www.indiacode.nic.in/bitstream/123456789/1789/1/A1984-05.pdf

central

# THE ASIATIC SOCIETY ACT, 1984 __________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Declaration of Asiatic Society as an institution of national importance. 3. Definitions. 4. Grants, loans, etc., by Central Government to Society. 5. Audit of accounts of Society. 6. Annual report. 7. Prior approval of Central Government necessary for certain action by Society. 8. Planning Board. 9. Committees. 10. Review of work done, inspection of assets, etc. 11. Society to afford facilities to Committees. 12. Power to issue directions to Society. 13. Power of Central Government to assume functions of control. 14. Act to have overriding effect. 15. Power to make rules. ----- # THE ASIATIC SOCIETY ACT, 1984 # ACT NO. 5 OF 1984 [23[rd] March, 1984.] # An Act to declare the institution known as the Asiatic Society having at present its registered office in Calcutta to be an institution of national importance and to provide for certain matters connected therewith. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Asiatic Society Act, 1984.** (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 Asiatic Society as an institution of national importance.—Whereas the late** William Jones founded on the 15th day of January, 1784, an institution in Calcutta which is now known as the Asiatic Society and the objects of which are such as to make the institution one of national importance, it is hereby declared that the said Asiatic Society is an institution of national importance. **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “memorandum” means the memorandum of association of the Society; (b) “prescribed” means prescribed by rules made under this Act; (c) “regulations” includes any rule or regulation (by whatever name called) which the Society is competent to make in the exercise of the powers conferred on it under the West Bengal Societies Registration Act, 1961 (West Bengal Act XXVI,1961), but shall not include any bye-laws or standing orders made under the regulations for the conduct of its day-to-day administration ; (d) “Society” means the Asiatic Society being a society within the meaning of the West Bengal Societies Registration Act, 1961(West Bengal Act XXVI, 1961), and having its registered office in Calcutta. **4. Grants, loans, etc., by Central Government to Society.—For the purpose of enabling the** Society to discharge efficiently its functions, including in particular those relating to research, literary, library, scientific and museological activities, collection of manuscripts, coins and art objects, and the publication of periodicals, books and other literature, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Society in each financial year such sums of money as that Government considers necessary by way of grants, loans or otherwise. **5. Audit of accounts of Society.—(1) The Society 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 approved by the Comptroller and Auditor-General of India. (2) The accounts of the Society shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Society 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 Society shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Society. 1. 25th June, 1984, _vide notification No. G.S.R. 470(E), dated 25th June, 1984,_ _see Gazette of India, Extraordinary, Part II,_ sec. (i). ----- (4) The accounts of the Society as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf together with the audit report thereof shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **6. Annual report.—The Society shall furnish to the Central Government, at such time each year as** may be directed, its annual report giving full account of its activities, policies and programmes during the previous year and that Government shall cause the same to be laid before each House of Parliament. **7. Prior approval of Central Government necessary for certain action by Society.—The Society** shall not, except with the previous approval of the Central Government,— (a) alter, extend or abridge any of the purposes for which it has been established or for which it is being used immediately before the commencement of this Act, or amalgamate itself either wholly or partially with any other institution or society; or (b) alter or amend in any manner the memorandum or regulations; or (c) sell or otherwise dispose of any property acquired by the Society with money specifically provided for such acquisition by the Central Government: Provided that no such approval shall be necessary in the case of any such movable property or class of movable property as may be specified by the Central Government in this behalf by general or special order; or (d) be dissolved. **8. Planning Board.—(1) For the purpose of advising it with respect to the planning and** implementation of the developmental programmes of the Society and other matters concerning the Society, the Central Government may, by notification in the Official Gazette, establish a board to be called the Planning Board (Asiatic Society). (2) The Board shall consist of a Chairman and such other members as may be appointed by the Central Government. (3) Subject to any rules which the Central Government may make in this behalf, the Board shall have the power to regulate its own procedure. (4) The term of office of, the procedure to be followed in the discharge of their functions by, the manner of filling casual vacancies among, the allowances, if any, payable to, and other matters concerning, the members of the Board shall be such as may be prescribed. **9. Committees.—(1) The Central Government may, by notifications in the Official Gazette,** constitute as many committees, as and when it considers it necessary, consisting of such number of persons as it thinks fit to appoint thereto and assign to each such committee all or any of the following duties, namely:— (a) the preparation and submission to the Central Government, as far as possible before the commencement of each financial year, of statements showing programmes of work agreed to be undertaken by the Society during that year for which the Central Government may provide funds as well as general financial estimates in respect of such work; (b) the settlement on broad line of the programmes of such work. (2) A committee constituted under sub-section (1) shall, in discharging its duties with respect to any matter under this section, have due regard to the advice, if any, tendered in respect of such matter under section 8 by the Board to the Central Government. (3) Where the Society does not agree to undertake any work suggested by any committee referred to in sub-section (1), it shall give to the Central Government its reasons for not so agreeing. (4) The procedure to be followed by a committee constituted under sub-section (1) in the discharge of its functions, the allowances, if any, payable to the members of such committee and other matters relating to such committee shall be such as may be prescribed. ----- **10. Review of work done, inspection of assets, etc.—(1) the Central Government may, by** notification in the Official Gazette, constitute a Committee consisting of such number of persons as it thinks fit to appoint thereto for the purpose of— (a) reviewing the work done by the Society and the progress made by it; (b) inspecting its buildings, equipment and other assets; (c) evaluating the work done by the Society; and (d) advising Government generally on any matter which in the opinion of the Central Government is of importance in connection with the work of the Society; and the Committee shall submit its report thereon in such manner as the Central Government may direct. (2) The procedure to be followed by, the allowances, if any, payable to, the members of the Committee and other matters concerning the Committee shall be such as may be prescribed. (3) The Committee shall, subject to the provisions of sub-section (4) and of any rules which the Central Government may make in this behalf, have power to regulate its own procedure. (4) Notice shall be given in every case to the Society of the intention to cause a review, inspection or evaluation to be made, and the Society shall be entitled to appoint a representative who shall have the right to be present and be heard at such review, inspection or evaluation. (5) The Central Government may address the President of the Society with reference to the result of such review, inspection or evaluation as disclosed in any report of the Committee referred to in subsection (1), and the President shall communicate to the Central Government the action, if any, taken thereon. (6) When the Central Government has in pursuance of sub-section (5), addressed the President of the Society in connection with any matter, and the President does not within a reasonable time take action to the satisfaction of the Central Government in respect thereof, the Central Government may, after considering any explanations furnished or representations made on behalf of the Society, issue such directions as it considers necessary in respect of any of the matters dealt with in the report. **11. Society to afford facilities to Committees.—The Society shall be bound to afford all necessary** facilities to the Board constituted under section 8 and to every committee constituted under section 9 or section 10 for the purpose of enabling them to carry out their duties. **12. Power to issue directions to Society.—(1) The Central Government may, if it is satisfied that it** is necessary so to do in the public interest issue, for reasons to be recorded and communicated to the Society, such directions as it thinks to the Society, and such directions may include directions requiring the Society— (a) to amend the memorandum or to make or amend any regulation within such period as may be specified in the directions; (b) to give priorities to the work undertaken or to be undertaken by the Society in such manner as the Central Government may think fit to specify in this behalf. (2) Any directions issued under this section shall have effect, notwithstanding anything contained in any law for the time being in force or in the memorandum or regulations of the Society. **13. Power of Central Government to assume functions of control.—(1) If, in the opinion of the** Central Government,— (i) the Society without just or reasonable cause has made default in giving effect to any direction issued under sub-section (6) of section 10 or section 12; or (ii) the Council of the Society has exceeded or abused the powers in relation to the Society or any part thereof; the Central Government may, by written order, direct the Society within a period to be specified in the order to show cause to the satisfaction of the Central Government against the making of any appointment referred to in sub-section (2). ----- (2) If, within the period fixed by any order issued under sub-section (1), cause is not shown to the satisfaction of the Central Government, the Central Government may, by order published in the Official Gazette and stating the reasons therefor, appoint one or more persons to take over the management of the Society or of any of the activities of the Society for such period not exceeding two years as may be specified in the order. (3) During the period specified in the order issued under sub-section (2),— (a) where the order provides for any person or persons taking over the management of the Society— (i) all persons holding office as Members of the Council, including the President, shall be deemed to have vacated their offices as such; (ii) the person or persons appointed under sub-section (2) to take over the management of the Society shall exercise all the powers and perform all the duties of the President or Council of the Society, whether at a meeting or otherwise, in respect of the Society; (b) where the order provides for any person or persons taking over the management of any activities of the Society, the person or persons so appointed shall alone be entitled to exercise all the powers and perform all the duties of the President or Council in relation to those activities. **14. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in the memorandum or regulations or the West Bengal Societies Registration Act, 1961 (West Bengal Act XXVI, 1961) or any other law for the time being in force. **15. 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:— (i) matters with respect to the procedure to be followed by the Board under sub-section (3) of section 8; (ii) the term of office of, the procedure to be followed in the discharge of their functions by, the manner of filling casual vacancies among, the allowances, if any, payable to, and other matters concerning, the members of the Board under sub-section (4) of section 8; (iii) the procedure to be followed by a committee in the discharge of its functions, the allowances, if any, payable to the members of the committee and other matters relating to the committee under sub-section (4) of section 9; (iv) the procedure to be followed by, the allowances, if any, payable to, the members of the Committee and other matters concerning the Committee under sub-section (2) of section 10; (v) any other matter which is required to be or in respect of which rules may be 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 or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. -----

31-Mar-1984

17

The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984

https://www.indiacode.nic.in/bitstream/123456789/1822/1/198417.pdf

central

# THE INCHEK TYRES LIMITED AND NATIONAL RUBBER MANUFACTURERS LIMITED (NATIONALISATION) ACT, 1984 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ACQUIAITON AND TRANSFER OF THE UNDERTAKINGS OF THE TWO COMPANIES 3. Transfer to, and vesting in, the Central Government of the undertakings of the two companies. 4. General effect of vesting. 5. Companies to be liable for certain prior liabilities. 6. Power of Central Government to direct vesting of the undertakings of the two companies in an existing Government Company. 7. Transfer of the undertakings of the two companies from an existing Government company to a new Government company. CHAPTER III PAYMENT OF AMOUNTS 8. Payment of amount. 9. Payment of further amounts. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE TWO COMPANIES 10. Management, etc., of the undertakings of the two companies. 11. Duty of persons in charge of management of undertakings of the two companies to deliver all assets, etc. 12. Duty of persons to account for assets, etc., in their possession. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF THE TWO COMPANIES 13. Continuance of employees. 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 Central Government or existing, or new, Government company. 1 ----- SECTIONS 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 Commissioner. 23. Disbursement of amounts to the companies. 24. Undisbursed or unclaimed amount to be deposited with the general revenue account. CHAPTER VII MISCELLANEOUS 25. Act to have over-riding effect. 26. Contracts to cease to have effect unless ratified by the Central Government or existing, or New, 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. Repeal and saving. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 2 ----- # THE INCHEK TYRES LIMITED AND NATIONAL RUBBER MANUFACTURERS LIMITED (NATIONALISATION) ACT, 1984 ACT NO. 17 OF 1984 [31st March, 1984.] # An Act to provide for the acquisition and transfer of the undertakings of the Inchek Tyres Limited and the National Rubber Manufacturers 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 tyres, tubes and other rubber goods which are essential to the needs of the economy of the country and for matters connected therewith or incidental thereto. WHEREAS the Inchek Tyres Limited and the National Rubber Manufacturers Limited had been engaged in the manufacture, production and distribution of articles mentioned in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951), namely, tyres, tubes and other rubber goods; AND WHEREAS the management of the undertakings of the Inchek Tyres Limited and the management of the undertakings of the National Rubber Manufacturers Limited were taken over by the Central Government under the provisions of the Industries (Development and Regulation) Act, 1951 (65 of 1951); AND WHEREAS for the purpose of securing the optimum utilisation of the available facilities for the manufacture, production and distribution of tyres, tubes and other rubber goods by the undertakings of the two companies, investment of a large amount is necessary; AND WHEREAS it is necessary to acquire the undertakings of the Inchek tyres Limited and the National Rubber Manufacturers Limited to enable the Central Government to have such investments made and to ensure that the interests of the general public are served by the continuance, by the undertakings of the companies, 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-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Inchek Tyres Limited and** National Rubber Manufacturers Limited (Nationalisation) Act, 1984. (2) It shall be deemed to have come into force on the 14th day of February, 1984. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 14th day of February 1984; (b) “Commissioner” means the Commissioner of Payments appointed under section 15; (c) “existing Government company” means a Government company which is carrying on business on the appointed day; (d) “new Government company” means a Government company formed and registered on or after the appointed day; (e) “notification” means a notification published in the Official Gazette; (f) “prescribed” means prescribed by rules made under this Act; (g) “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; 3 ----- (h) “two companies” means the Inchek Tyres Limited and the National Rubber Manufacturers Limited, being companies as defined in the Companies Act, 1956 (1 of 1956), and having their registered offices at “Leslie House”, 19 Jawaharlal Nehru Road, Calcutta-700013; (i) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act. CHAPTER II ACQUIAITON AND TRANSFER OF THE UNDERTAKINGS OF THE TWO COMPANIES **3. Transfer to, and vesting in, the Central Government of the undertakings of the two** **companies.—On the appointed day, the undertakings of each of the two companies, and the right, title** and interest of each of the two companies in relation to its undertakings, shall, by virtue of the Act, stand transferred to, and shall vest in, the Central Government. **4. General effect of vesting.—(1) The undertakings of each of the two companies 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, cheques, demand drafts, reserve funds, investments, book debts and all other rights and interest in, or arising out of such, property as were immediately before the appointed day in the ownership, possession, power or control of such company whether within or outside India, and all books of account, registers and all 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, tribunal 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 interest, payment of the mortgage money or other dues, in whole or in part, out of the amount specified, in relation to the company owning such property, in the First Schedule, and also out of the amounts referred to in 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 either of the two companies 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 that day shall continue to be in force on and after such day in accordance with its tenor in relation to an for the purposes of such undertaking, and, on and from the date of vesting of such undertaking under section 6 in an existing Government company, or under section 7 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 to which it was granted 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 either of the two companies 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 such company or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced 4 ----- by or against the Central Government, or where the undertakings of the two companies vest under section 6 or section 7 in an existing, or a new, Government company, by or against such Government company. **5. Companies to be liable for certain prior liabilities.—(1) Every liability, other than the liability** specified in sub-section (2), of each of the two companies in respect of any period prior to the appointed day, shall be the liability of the concerned company and shall be enforceable against it and not against the Central Government, or where the undertakings of the two companies vest in an existing, or a new, Government Company, against such Government company. (2) Any liability arising in respect of materials supplied to either of the two companies after the management of its undertakings had been taken over by the Central Government, shall, on and from the appointed day, be the liability of the Central Government or of the existing, or new, Government company aforesaid, and shall be discharged by that Government or, as the case may be, the existing, or new, Government company, as and when repayment for such supplies becomes 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 provision of this Act, no liability, other than the liability specified in sub-section (2), of either of the two companies in relation to its undertakings in respect of any period prior to the appointed day shall be enforceable against the Central Government, or, where the undertakings of the two companies 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 either of the two companies, passed on or after the appointed day, in respect of any matter, claim or dispute, not being a matter, claim or dispute in relation to any matter referred to in sub-section (2), which arose before that day, shall be enforceable against the Central Government, or where the undertakings of the two companies vest in an existing, or a new, Government company, against such Government company; (c) no liability incurred by either of the two companies 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 two companies vest in an existing, or a new, Government company, against such Government company. **6. Power of Central Government to direct vesting of the undertakings of the two companies in** **an existing Government Company.—(1) Notwithstanding anything contained in section 3 and 4, and** subject to the provisions of section 7, 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 each of the two companies and the right, title and interest of each of the two companies 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 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 two companies, in relation to their 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 7, 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. **7. Transfer of the undertakings of the two companies from an existing Government company to** **a new Government company.—(1) Notwithstanding anything contained in sections 3 and 4, where the** undertakings of each of the two companies have been directed, under sub-section (1) of section 6, to vest 5 ----- 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 each of the two companies and the right, title and interest of each of the two companies in relation to its undertakings be transferred to that new Government company, and on the issue of such declaration, the right, title and interest of each of the two companies in relation to its undertakings which had been directed under subsection (1) of section 6 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 two companies vest, under sub-section (1), in a new Government company, that 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. CHAPTER III PAYMENT OF AMOUNTS **8. Payment of amount.—For the transfer to, and vesting in, the Central Government, under** section 3, of the undertakings of each of the two companies, and the right, title and interest of each of the two companies in relation to its undertakings, there shall be paid by the Central Government to each of the two companies, in cash and in the manner specified in Chapter VI, amount equal to the amount specified against the name of such company in the First Schedule. **9. Payment of further amounts.—(1) For the deprivation of the two companies of the management** of their undertakings during the period commencing on the date on which the undertakings of each such company was taken over in pursuance of the orders made by the Central Government under the provisions of the Industries (Development and Regulation) Act, 1951 (65 of 1951) and ending on the appointed day, there shall be paid by the Central Government to each of the Companies in cash, an amount of rupees fifty thousand. (2) The amount referred to in section 8 and the amount specified in 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 amounts is made by the Central Government to the Commissioner. (3) The amount referred to in sub-section (1) and the amount determined in accordance with the provisions of sub-section (2) shall be given by the Central Government to the two companies in addition to the amount specified in section 8. (4) For the removal of doubts, it is hereby declared that the liabilities of either of the two companies in relation to its undertakings which have vested in the Central Government under section 3, shall be discharged from the amount referred to in section 8, and also from the amount specified in sub-section (1) and the amount determined under sub-section (2), in accordance with the rights and interests of the creditors of the two companies. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE TWO COMPANIES **10. Management, etc., of the undertakings of the two companies.—The general superintendence,** direction, control and management of the affairs and business of the undertakings of each of the two companies, 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 given by the Central Government under sub-section (1) of section 6, vest on and from the date specified in such direction, in the existing Government company specified therein; or 6 ----- (b) where a declaration has been made under sub-section (1) of section 7, vest, on and from the date of such declaration, in the new Government company specified therein; and thereupon the existing, or new, Government company so specified, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as either, or both, of the two companies, is or are, authorised to exercise and do in relation to its or their undertakings. **11. Duty of persons in charge of management of undertakings of the two companies to deliver** **all assets, etc.—(1) On the vesting of the management of the undertakings of the two companies in an** existing, or a new, Government company, all persons in charge of the management of the undertakings of either of the two companies immediately before such vesting shall be bound to deliver to such Government company, all assets, books of account, registers and other documents in their custody relating to the undertakings. (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 and such Government company 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 two companies 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 the undertakings owned by either of the two companies, which have vested in the Central Government or in an existing, or a new, Government company under this Act, shall be liable to account for the said assets, books, documents and other papers to the Central Government or the existing, or new, Government company, as the case may be, and shall deliver them to the Central Government or the existing, or new, Government company or to such person or persons as the Central Government or the existing, or new, Government company may specify in this behalf. (2) The Central Government or the Government company aforesaid may take, or cause to be taken, all necessary steps for securing possession of the undertakings of the two companies which have vested in the Central Government or the Government company under this Act. (3) The two companies shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all their properties 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 Government company aforesaid shall afford to the two companies all reasonable facilities. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF THE TWO COMPANIES **13. Continuance of employees.—(1) Every person who has been, immediately before the appointed** day, employed in any undertaking of either of the two companies shall become,— (a) on and from the appointed day, an employee of the Central Government, and (b) where the undertakings of the two companies are directed, under section 6 or under section 7, to vest, in an existing, or a new, Government company, an employee of such Government company on and from the date of such vesting, and shall hold office or service under the Central Government or the existing, or new, Government company, as the case may be, with the rights and privileges as to pension, gratuity and other matters, admissible to him immediately before the appointed day, as modified by the Memorandum of Settlement signed by the representatives of the management and the employees of each of the two companies on the 10th day of February, 1984, 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. 7 ----- (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 any undertaking of either of the two companies, 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 either of the two companies has established a** provident fund, superannuation, welfare or other fund for the benefit of the persons employed in any of its undertakings, the moneys relatable to the officers or other 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 moneys 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 Central Government or the existing, or new, Government company, as the care may be. (2) The moneys 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 existing, or new, 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 each of the two companies, 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 each of the two companies,— (a) an amount equal to the amount specified against the name of such company in the First Schedule; and (b) an amount equal to the amounts payable to each of the two company in the First schedule; and (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 the undertakings of each of the two companies in relation to which payments have been made to him under this Act. (4) Interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the two companies. **17. Certain powers of Central Government or existing, or new, 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 either of the two companies in relation to its undertakings which have vested in the Central Government or the 8 ----- existing, or new, Government company, as the case may be, 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 it after the appointed day, for discharging any liability of either of the two companies, not being any liability specified in sub-section (2) of section 5, in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this Act, to the matter in relation to which such liability has been discharged by the Central Government or the existing, or new, Government company. (3) Save as otherwise provided in this Act, the liabilities of either of the two companies 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 respective company. **18. Claims to be made to the Commissioner.—Every person having a claim against either of the** two companies with regard to any of the matters specified in the Second Schedule pertaining to any 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, be 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 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 Second 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 the claims in respect of such lower category. **21. Admission or rejection of claims.—(1) After examining the claims with reference to the** priorities specified in the Second 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 in 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 concerned company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, admit or reject by order in writing the claim in whole or in part. 9 ----- (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 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; (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 principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned 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 exercising jurisdiction over the place in which the registered office of the concerned 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 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 each of the two companies in respect of such claim shall stand discharged. **23. Disbursement of amounts to the companies.—(1) If, out of the moneys paid to him in relation** to the undertakings of either of the two companies, there is a balance left after meeting the liabilities as specified in the Second Schedule, the Commissioner shall disburse such balance to the concerned company. (2) Where the possession of any machinery, equipment or other property has vested in the Central Government or the existing, or new, Government company under this Act, but such machinery, equipment or other property does not belong to either of the two companies, it shall be lawful for the Central Government or the existing, or new, Government company, as the case may be, to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by either of the two companies 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 wound 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 he 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 the payment of the claim being treated as an order for the refund of revenue. CHAPTER VII MISCELLANEOUS **25. Act to have over-riding 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. 10 ----- **26. Contracts to cease to have effect unless ratified by the Central Government or existing, or** **New, Government company.—Every contract entered into by either of the two companies in relation to** any of its undertakings which has vested in the Central Government under section 3 for any service, sale or supply, and in force immediately before the appointed, day, shall, on and from the expiry of a period of one hundred and eighty days from such 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 and in ratifying such contract, the Central Government or the existing, or new, Government company may make such alteration or modification therein as it may think fit: Provided that the Central Government or the existing, or new, 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. **27. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of any undertaking of either of the two companies, wrongfully withholds such property from the Central Government or the existing, or new, Government company; or (b) wrongfully obtains possession of, or retains, any property forming part of any undertaking of either of the two companies; 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 Government company, any document relating to such undertaking, 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, as the case may be, 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 of either of the two companies; or (e) wrongfully removes or destroys any property forming part of any undertaking of either of the two companies or prefers any claim 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. **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 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. 11 ----- _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 the existing, or new, Government company or any officer or other employee of that Government or the Government company or any 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 the existing, or new, Government company, or any officer or other employee of that Government or Government company or any person authorised by that Government or Government 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 this section, section 31 or section 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 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 manner in which the moneys in any provident fund or other fund referred to in 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. Repeal and saving.—(1) The Inchek Tyres Limited and National Rubber Manufacturers Limited** (Nationalisation) Ordinance, 1984 (4 of 1984), 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. 12 ----- THE FIRST SCHEDULE [See sections 4 (4), 8 and 16 (1)] Amount Sl. No. Name of the Company (Rupees in Lakhs) 1. Inchek Tyres Limited 330.40 2. National Rubber Manufacturers Limited 159.64 ___________ THE SECOND SCHEDULE [See sections 18, 19, 20 (1), 21 (1) and 23 (1)] ORDER OF PRIORITIES FOR THE DISCHARGE OF LIABILITIES OF THE TWO COMPANIES _Category I—_ (a) Wages, salaries and other dues payable to the employees of the companies. (b) Arrears in relation to contributions to be made by the companies to the provident fund, Employees’ State Insurance Fund, Life Insurance Corporation premium and any other arrear under any law for the time being in force. _Post-take over management period_ _Category II—_ Principal amount of loans advanced by— (a) the Central Government; (b) a State Government; (c) banks and public financial institutions; (d) any other sources. _Category III—_ (a) Any credits availed of by the companies for the purpose of carrying on any trading or manufacturing operations, other than the liabilities specified in sub-section (2) of section 5. (b) Any dues of State Electricity Boards or other Government and semi-Government institutions against supply of goods or services, other than the liabilities specified in sub-section (2) of section 5. (c) Arrears of interest on loans and advances. _Category IV—_ (a) Revenue, taxes, cesses, rates or other dues to Central Government, a State Government or any local authority. (b) Any other dues. _Category V—_ Principal amount of secured loans advanced by— (a) the Central Government; (b) a State Government; (c) banks and public financial institutions. 13 ----- _Category VI—_ Principal amount of secured loans advanced by— (a) the Central Government; (b) a State Government; (c) banks and public financial institutions; (d) any other sources. _Category VII—_ (a) Any credits availed of by the companies for the purpose of carrying on any trading or manufacturing operations. (b) Any dues of State Electricity Boards or other Government and semi-Government institutions against supply of goods or services. (c) Arrears of interest on loans and advances. (d) Revenue, taxes, cesses, rates or other dues to Central Government, a State Government or any local authority. (e) Any other loans or dues. 14 -----

18-Aug-1984

52

The Indian Veterinary Council Act, 1984

https://www.indiacode.nic.in/bitstream/123456789/1812/1/a1984-52.pdf

central

# THE INDIAN VETERINARY COUNCIL ACT, 1984 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short titles, extent and commencement. 2. Definitions. CHAPTER II INDIAN VETERINARY COUNCIL 3. Establishment and composition of the Council. 4. Mode of election of members. 5. Term of office of President, Vice-President and members. 6. Cessation of membership. 7. Casual vacancies. 8. Resignation. 9. Meetings of the Council. 10. Vacancies in the Council not to invalidate acts, etc. 11. Appointment of Secretary and other officers or servants. 12. Executive Committee and other Committees. 13. Fees and allowances. 14. Information to be furnished by the Council and publication thereof. 15. Recognition of veterinary qualifications granted by veterinary institutions in India. 16. Recognition of veterinary qualifications granted by veterinary institutions in countries with which there is a scheme of reciprocity. 17. Special provisions in certain cases for recognition of veterinary qualifications granted by veterinary institutions in countries with which there is no scheme of reciprocity. 18. Power to require information as to courses of study and examinations. 19. Inspection of veterinary institutions and examinations. 20. Appointment of visitors. 21. Withdrawal of recognition. 22. Minimum standards of veterinary education. CHAPTER III INDIAN VETERINARY PRACTITIONERS REGISTER 23. Indian veterinary practitioners register. 24. Registration in the Indian veterinary practitioners register. 1 ----- SECTIONS 25. Issue of certificate of registration. 26. Registration of additional qualifications. 27. Removal of names from the Indian veterinary practitioners register. 28. Person enrolled on Indian veterinary practitioners register to notify change of place of residence or practice. CHAPTER IV PRIVILEGES OF REGISTERED VETERINARY PRACTITIONERS 29. Privileges of persons, who are enrolled on the Indian veterinary practitioners register. 30. Right of persons who are enrolled on the Indian veterinary practitioners register. CHAPTER V DISCIPLINE 31. Professional conduct. CHAPTER VI STATE VETERINARY COUNCILS 32. Establishment and composition of State Veterinary Councils. 33. Inter-State agreements. 34. Composition of Joint State Veterinary Councils. 35. Incorporation of State Veterinary Councils. 36. President. 37. Mode of elections. 38. Terms of office and causal vacancies. 39. Resignation. 40. Executive and other Committees. 41. Fees and allowances. 42. Appointment of Registrar and other officers or servants. 43. Information to be furnished by State Veterinary Council. CHAPTER VII REGISTRATION 44. Preparation and maintenance of State veterinary practitioners register. 45. First preparation of register. 46. Qualifications for entry on preparation of register. 47. Scrutiny of applications for registration. 48. Renewal fees. 49. Removal from the register. 50. Restoration to State veterinary register. 51. Printing of State veterinary register. 2 ----- CHAPTER VIII MISCELLANEOUS SECTIONS 52. Transfer of registration. 53. Bar of jurisdiction. 54. Issue of duplicate certificates. 55. Penalty for falsely claiming to be registered. 56. Misuse of titles. 57. Practice by unregistered persons. 58. Failure to surrender certificate of registration. 59. Cognizance of offence. 60. Bar of suit and other legal proceedings. 61. Payment of part of fees to Council. 62. Accounts and audit. 63. Appointment of Commission of Inquiry. 64. Power of Central Government to make rules. 65. Power of State Government to make rules. 66. Power to make regulations. 67. Repeal and saving. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 3 ----- # THE INDIAN VETERINARY COUNCIL ACT, 1984 ACT NO. 52 OF 1984 [18th August, 1984.] # An Act to regulate veterinary practice and to provide, for that purpose, for the establishment of a Veterinary Council of India and State Veterinary Councils and the maintenance of registers of the veterinary practitioners and for matters connected therewith. WHEREAS it is expedient to make provision for the regulation of veterinary practice and to provide, for that purpose, for the establishment of a Veterinary Council of India and State Veterinary Councils and the maintenance of registers of persons qualified to engage in veterinary practice for the whole of India and for matters connected therewith or ancillary 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 Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan to the effect that the matters aforesaid should be regulated in those States by Parliament by law; BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short titles, extent and commencement.—(1) This Act may be called the Indian Veterinary** Council Act, 1984. (2) It extends, in the first instance, to the whole of the States of Haryana, Bihar, Orissa, Himachal Pradesh and Rajasthan and to all Union territories[1]; and it shall also extend to such other States as may adopt this Act by resolution passed in that behalf in pursuance of clause (1) of article 252 of the Constitution. (3) It shall come into force in a State or Union territory to which it extends, or may become extended in future, on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act or for different States or Union territories. **2. Definitions.— In this Act, unless the context otherwise requires,—** (a) “Council” means the Veterinary Council of India established under section 3; (b) “member” means a member of the Council; (c) “prescribed” means prescribed by rules made under this Act; (d) “President” means the President of the Council; (e) “recognised veterinary qualification” means any of the veterinary qualifications included in the First Schedule or the Second Schedule; (f) “register” means a register maintained under this Act; (g) “registered veterinary practitioner” means a person whose name is for the time being duly registered in a register; (h) “regulation” means a regulation made under this Act; 1. Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 4 ----- (i) “State Veterinary Council” means a Veterinary Council established under section 32 and includes a Joint State Veterinary Council established in accordance with an agreement under section 33; (j) “veterinary institution” means any University or other institution within or without India which grants degrees, diplomas or licences in veterinary science and animal husbandry; (k) “veterinary medicine” means modern scientific veterinary medicine in all its branches and includes veterinary surgery and obstetrics; (l) “Vice-President” means the Vice-President of the Council. CHAPTER II INDIAN VETERINARY COUNCIL **3. Establishment and composition of the Council.—(1) With effect from such date as the Central** Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Council to be called the Veterinary Council of India. (2) The Council 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 or be sued. (3) The Council shall consist of the following members, namely:— (a) five members to be nominated by the Central Government from amongst Directors of Animal Husbandry (by whatever name called) of those States to which this Act extends; (b) four members to be nominated by the Central Government from amongst the heads of veterinary institutions in the States to which this Act extends; (c) one member to be nominated by the Indian Council of Agricultural Research; (d) the Animal Husbandry Commissioner, Government of India, ex officio; (e) one member to be nominated by the Central Government to represent the Ministry of the Central Government dealing with animal husbandry; (f) one member to be nominated by the Indian Veterinary Association; (g) eleven members to be elected from amongst themselves by persons enrolled in the Indian veterinary practitioners register; (h) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Councils of those States to which this Act extends; (i) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Associations of those States to which this Act extends; (j) Secretary, Veterinary Council of India, ex officio. (4) The President and Vice-President shall be elected by the members from amongst themselves in such manner as may be provided by regulations. (5) Whenever there is a vacancy in the office of the President, the Vice-President shall discharge the functions of the President. (6) The names of persons nominated or elected as members shall be notified by the Central Government in the Official Gazette. (7) A person shall not be qualified for nomination or election to the Council unless he holds a recognised veterinary qualification. **4. Mode of election of members.—(1) An election under clause (g) of sub-section (3) of section 3** shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf and any rule so made may provide that pending the preparation of the Indian veterinary 5 ----- practitioners register in accordance with the provisions of this Act, the members referred to in that clause may be nominated by the Central Government instead of being elected as provided therein. (2) Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government for its decision which shall be final. **5. Term of office of President, Vice-President and members.—(1) The President or Vice-President** shall hold office for a term not exceeding three years and not extending beyond the expiry of his term as a member. (2) Subject to the provisions of this section, a member, other than an _ex officio member, shall hold_ office for a term of three years from the date of his election or nomination to the Council or until his successor shall have been duly elected or nominated, whichever is longer. (3) Members of the Council shall be eligible for re-nomination or re-election. (4) Where the term of three years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires, but, he shall not assume office until the said term has expired. **6. Cessation of membership.—(1) A member shall be deemed to have vacated his office—** (a) if he is absent without excuse, sufficient in the opinion of the Council, from three consecutive meetings of the Council; (b) if he ceases to hold the post from which he has been nominated; (c) in the case of a member elected under clause (g) of sub-section (3) of section 3, if he ceases to be a person enrolled in the register; (d) if he has been convicted of an offence involving moral turpitude and punishable with imprisonment; (e) if he is an undischarged insolvent; (f) if he is of unsound mind and stands so declared by a competent court. (2) On the occurrence of a vacancy referred to in sub-section (1), the President shall forthwith report the fact of such vacancy to the Central Government and thereafter that Government may, subject to the proviso to section 7, take necessary steps to fill such vacancy. **7. Casual vacancies.—A casual vacancy in the Council shall be filled by nomination or election, as** the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected: Provided that no such casual vacancy occurring within three months of the date of expiry of the normal term of office of a nominated or an elected member need be filled under this section. **8. Resignation.—(1) The President or Vice-President may at any time resign his office by notice in** writing addressed to the Council and delivered to the Secretary and the resignation shall take effect from the date on which it is accepted by the Council or on the expiry of ninety days from the date of receipt of the resignation by the Secretary, whichever is earlier. (2) A member may at any time resign his office by notice in writing addressed to the President and every such resignation shall take effect from the date on which it is accepted by the President or on the expiry of ninety days from the date of receipt of the resignation by the President, whichever is earlier. **9. Meetings of the Council.—(1) The Council shall meet at least twice in a year at such time and** place as may be appointed by the Council. (2) The quorum necessary for the transaction of business at a meeting of the Council shall be nine. (3) The President when present shall preside at every meeting of the Council and in his absence the Vice-President and in the absence of both any other member elected by the members present from amongst themselves shall preside at such meeting. 6 ----- (4) Save as otherwise provided in this Act, all questions which come up before any meeting of the Council shall be decided by a majority of the members present and voting. (5) In the case of an equality of votes, the President shall have a casting vote. (6) Subject to the provisions of sub-sections (1) to (5), the Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations. **10. Vacancies in the Council not to invalidate acts, etc.—No act or proceeding of the Council shall** be invalid by reason only of the existence of a vacancy in the council or on account of any defect or irregularity in its constitution. **11. Appointment of Secretary and other officers or servants.—(1) The Council may, with the** previous sanction of the Central Government, appoint a Secretary (who shall also act as Treasurer unless the Council appoints any other person as Treasurer) and may appoint such other officers and employees as it may deem necessary to carry out the purposes of this Act. (2) The terms and conditions of service of the Secretary, other officers and employees appointed by the Council shall be such as may be provided by regulations. (3) The Secretary, officers and other employees of the Council shall be deemed to the public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (4) All orders and decisions and other instruments of the Council shall be authenticated by the signature of the Secretary or any other officer of the Council duly authorised by it in this behalf. **12. Executive Committee and other Committees.—(1) The Council shall appoint from among its** members an Executive Committee and may constitute other Committees for such general or specific purposes as the Council considers necessary and may co-opt any person or persons specially qualified to advise on any matter to any Committee other than the Executive Committee. (2) A Committee constituted under this section shall meet at such time and at such places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. **13. Fees and allowances.—The President and other members and the members of the Committees** (other than the members of the Council) shall be paid such fees and allowances for attending the meetings of the Council and the Committees as may be provided by regulations. **14. Information to be furnished by the Council and publication thereof.—(1) The Council shall** furnish such reports, copies of its minutes, abstract of its accounts 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, abstract or other information furnished to it under this section. **15. Recognition of veterinary qualifications granted by veterinary institutions in India.—(1) The** veterinary qualifications granted by any veterinary institution in India which are included in the First Schedule shall be recognised veterinary qualifications for the purposes of this Act. (2) Any veterinary institution in India which grants a veterinary qualification not included in the First Schedule may apply to the Central Government to have such qualification recognised and the Central Government, after consulting the Council, may, by notification in the Official Gazette, amend the First Schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the First Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date. **16. Recognition of veterinary qualifications granted by veterinary institutions in countries with** **which there is a scheme of reciprocity.—(1) The veterinary qualifications granted by veterinary** institutions outside India which are included in the Second Schedule shall be recognised veterinary qualifications for the purposes of this Act. 7 ----- (2) The Council may enter into negotiations with the authority in any country outside India which by the law of such country is entrusted with the maintenance of a register of veterinary practitioners, for the setting of a scheme of reciprocity for the recognition of veterinary qualifications, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to include therein the veterinary qualification which the Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date. (3) The Central Government, after consultation with the Council, may, by notification in the Official Gazette, amend the Second Schedule by directing that an entry be made therein in respect of any veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date. (4) Where the Council has refused to recommend any veterinary qualification which has been proposed for recognition by any authority referred to in sub-section (2) and the authority applies to the Central Government in this behalf, the Central Government, after considering such application and after obtaining from the Council a report, if any, as to the reasons for any such refusal, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein and the provisions of sub-section (2) shall apply to such notification. **17. Special provisions in certain cases for recognition of veterinary qualifications granted by** **veterinary institutions in countries with which there is no scheme of reciprocity.—(1) The Central** Government, after consultation with the Council, may, by notification in the Official Gazette, direct that the veterniary qualifications granted by veterinary institutions in any country outside India in respect of which a scheme of reciprocity for the recognition of veterinary qualifications is not in force shall be recognised veterinary qualification for the purposes of this Act or shall be so only when granted after a specified date: Provided that veterinary practice by persons possessing such qualifications— (a) shall be permitted only if such persons are enrolled as veterinary practitioners in accordance with the law regulating the registration of veterinary practitioners for the time being in force in that country; (b) shall be limited to the institution to which they are attached for the time being for the purpose of teaching, research work, charitable work; and (c) shall be limited to the period specified in this behalf by the Central Government by general or special order. (2) In respect of any such veterinary qualification, the Central Government, after consultation with the Council, may, by notification in the Official Gazette, direct that it shall be a recognised veterinary qualification only when granted before a specified date. **18. Power to require information as to courses of study and examinations.—Every veterinary** institution in a State which grants a recognised veterinary 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 veterinary institutions and examinations.—(1) A Committee constituted under** section 12 may, subject to regulations, if any, made by the Council, appoint such number of veterinary inspectors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of recommending to the Central Government recognition of veterinary qualification granted by that veterinary institution. 8 ----- (2) The veterinary inspectors shall not interfere with the conduct of any training or examination, but shall report to the Committee on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend. (3) The Committee shall forward a copy of any such report to the veterinary institution concerned and shall also forward a copy with remarks, if any, of the said institution thereon, to the Central Government. **20. Appointment of visitors.—(1) The Council may appoint such number of visitors as it may deem** requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of granting any recognised veterinary qualification. (2) Any person, whether he is a member or not, may be appointed as a visitor under this section, but a person who is appointed as an inspector under section 19 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination. (3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend. (4) The report of a visitor shall be treated as confidential unless in any particular case the President otherwise directs: Provided that if the Central Government requires a copy of the report of the visitor, the Council shall furnish the same. **21. Withdrawal of recognition.—(1) When upon report by the Committee or the visitor, it appears** to the Council— (a) that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this Act or fall short of the standards required thereby, or (b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the Council. the Council shall make a representation to that effect to the Central Government. (2) After considering such representation, the Central Government may send it to the State Government of the State in which the veterinary institution is situated and the State Government shall forward it along with such remarks as it may choose to make to the veterinary institution, with an intimation of the period within which that institution may submit its explanation to the State 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 shall make its recommendation to the Central Government. (4) The Central Government, after making such inquiry, if any, as it may deem fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date: Provided that before issuing such notification the Central Government may consult the Indian Council of Agricultural Research. 9 ----- **22. Minimum standards of veterinary education.—(1) The Council may, by regulations, specify** the minimum standards of veterinary education required for granting recognised veterinary qualifications by veterinary institutions in those States to which this Act extends. (2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to the State Government concerned and the Council shall, before submitting such regulations or any amendments thereof, as the case may be, to the Central Government for approval, take into consideration the comments of the State Government received within three months from the furnishing of the copies as aforesaid. (3) The Central Government may, before approving such regulations or any amendments thereof, consult the Indian Council of Agricultural Research. (4) The Committee constituted under section 12 shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit. CHAPTER III INDIAN VETERINARY PRACTITIONERS REGISTER **23. Indian veterinary practitioners register.—(1) The Council shall, as soon as may be after the** commencement of this Act, cause to be maintained in such form and in such manner as may be provided by regulations a register of veterinary practitioners to be known as the Indian veterinary practitioners register which shall contain the names of all persons who possess the recognised veterinary qualifications and who are for the time being enrolled on a State veterinary register of the State to which this Act extends. (2) It shall be the duty of the Secretary of the Council to keep the Indian veterinary practitioners register in accordance with the provisions of this Act and of any orders made by the Council, and from time to time to revise the register and publish it in the Gazette of India or in such other manner as may be provided by regulations. (3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872 (1 of 1872), and may be proved by a copy published in the Gazette of India. (4) Each State Veterinary Council shall furnish to the Council six printed copies of the State veterinary register as soon as may be after the 1st day of April of each year and each State Veterinary Council shall inform the Council without delay of all additions to, and other amendments in, the State veterinary register made from time to time. **24. Registration in the Indian veterinary practitioners register.—The Secretary of the Council** may, on receipt of the report of registration of a person in a State veterinary register or on an application made in such form and in such manner, as may be provided by regulations, by any such person, enter his name in the Indian veterinary practitioners register: Provided that the Secretary is satisfied that the person concerned possesses a recognised veterinary qualification. **25. Issue of certificate of registration.—(1) Any person whose name has been entered in the Indian** veterinary practitioners register shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to a certificate of registration. (2) On receipt of an application under sub-section (1), the Council shall grant to the applicant a certificate of registration in such form as may be provided by regulations: Provided that on the removal of his name from a register, such certificate shall cease to be valid. (3) Where it is shown to the satisfaction of the Secretary of the Council that a certificate of registration has been lost or destroyed, the Secretary may, on payment of such fees, not exceeding ten rupees, as may be specified by regulations, issue a duplicate certificate in such form as may be specified in the regulations. 10 ----- **26. Registration of additional qualifications.—(1) If any person whose name is entered in the** Indian veterinary practitioners register obtains any post-graduate degree or diploma in veterinary science in addition to his recognised veterinary qualification, he shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to have an entry stating such degree or diploma made against his name in such register in addition to any entry previously made. (2) The entries in respect of any such person in a State veterinary register shall be altered in accordance with the alterations made in the Indian veterinary practitioners register. **27. Removal of names from the Indian veterinary practitioners register.—If the name of any** person enrolled on a State veterinary register is removed therefrom in pursuance of any power conferred under this Act, the Council shall direct the removal of the name of such person from the Indian veterinary practitioners register. **28. Person enrolled on Indian veterinary practitioners register to notifychange of place of** **residence or practice.—Every person registered in the Indian veterinary practitioners register shall notify** any transfer of the place of his residence or practice to the Council and the State Veterinary Council within ninety days of such transfer, failing which his right to participate in the election of members of the Council or a State Veterinary Council shall be liable to be forfeited by order of the Central Government either permanently or for such period as may be specified therein. CHAPTER IV PRIVILEGES OF REGISTERED VETERINARY PRACTITIONERS **29. Privileges of persons, who are enrolled on the Indian veterinary practitioners register.—** Subject to the conditions and restrictions laid down in this Act, every person whose name is for the time being borne on the Indian veterinary practitioners register shall be entitled according to his qualifications to practise as a veterinary practitioner and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments and other appliances or any fees to which he may be entitled. **30. Right of persons who are enrolled on the Indian veterinary practitioners register.—No** person, other than a registered veterinary practitioner, shall— (a) hold office as veterinary physician or surgeon or any other like office (by whatever name called) in Government or in any institution maintained by a local or other authority; (b) practise veterinary medicine in any State: Provided that the State Government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant (by whatever name called) issued by the Directorate of Animal Husbandry (by whatever name called) of any State or any veterinary institution in India, to render, under the supervision and direction of a registered veterinary practitioner, minor veterinary services. _Explanation.—“Minor veterinary services” means the rendering of preliminary veterinary aid,_ like, vaccination, castration, and dressing of wounds, and such other types of preliminary aid or the treatment of such ailments as the State Government may, by notification in the Official Gazette, specify in this behalf; (c) be entitled to sign or authenticate a veterinary health certificate or any other certificate required by any law to be signed or authenticated by a duly qualified veterinary practitioner; (d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872), on any matter relating to veterinary medicine. 11 ----- CHAPTER V DISCIPLINE **31. Professional conduct.—(1) The Council may, by regulations, specify standards of professional** conduct and etiquette and a code of ethics for veterinary practitioners. (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 provisions shall have effect notwithstanding anything contained in any other law for the time being in force. CHAPTER VI STATE VETERINARY COUNCILS **32. Establishment and composition of State Veterinary Councils.—(1) Except where a Joint State** Veterinary Council is established in accordance with an agreement made under section 33, the State Government shall establish a State Veterinary Council consisting of the following members, namely:— (a) four members elected from among themselves by veterinary practitioners registered in the State veterinary register; (b) the heads of veterinary institutions, if any, in the State, ex officio; (c) three members nominated by the State Government; (d) the Director of Veterinary Services of the State (by whatever name called), ex officio; (e) one member to be nominated by the State Veterinary Association, if any; (f) Registrar of the State Veterinary Council, ex officio. (2) The names of persons nominated or elected as members shall be notified by the State Government in the Official Gazette. (3) A person shall not be qualified for nomination or election as a member of the State Veterinary Council unless he holds a recognised veterinary qualification. **33. Inter-State agreements.—(1) Two or more State Governments may enter into an agreement to** be in force for such period and to be subject to renewal for further periods, if any, as may be specified in the agreement to provide— (a) for the establishment of a Joint State Veterinary Council for all participating States; or (b) for the State Veterinary Council of one State to serve the needs of the other participating States. (2) In addition to such matters as are in this Act specified, an agreement under this section may— (a) provide for the apportionment between the participating States of the expenditure in connection with the State Veterinary Council or Joint State Veterinary Council; (b) determine which of the participating State Governments shall exercise the several 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 between the participating 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 the Official Gazettes of the participating States. 12 ----- **34. Composition of Joint State Veterinary Councils.—(1) A Joint State Veterinary Council shall** consist of the following members, namely:— (a) two members elected from among themselves by veterinary practitioners registered in the register of each of the participating States; (b) the heads of veterinary institutions, if any, in the participating States, ex officio; (c) two members nominated by each participating State Government; (d) the Director of Veterinary Services of each of the participating States, by whatever name called, ex officio; (e) one nominee of the State Veterinary Associations, if any, of each of the participating States; (f) Registrar of the Joint State Veterinary Council, ex officio. (2) The names of the persons nominated or elected as members shall be notified by the State Governments in the Official Gazettes of the States. (3) A person shall not be qualified for nomination or election as a member of the Joint State Veterinary Council unless he holds a recognised veterinary qualification. **35. Incorporation of State Veterinary Councils.—Every State Veterinary Council shall be a body** corporate by such name as may be notified by the State Government in the Official Gazette or, in the case of a Joint State Veterinary Council, as may be determined in the agreement, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and shall by the said name sue or be sued. **36. President.—The President of the State Veterinary Council shall be elected by the members of** that Council from amongst themselves in such manner as may be prescribed. **37. Mode of elections.—The election under this Chapter shall be conducted in the prescribed manner** and where any dispute arises regarding any such election, it shall be referred to the State Government for its decision. **38. Terms of office and causal vacancies.—(1) Subject to the provisions of this section, a member** of the State Veterinary Council, other than an _ex officio_ member, shall hold office for a term of three years from the date of his election or nomination to the State Veterinary Council or until his successor has been duly elected or nominated, whichever is longer: Provided that a member of the State Veterinary Council nominated under clause (c) of sub-section (1) of section 32 or clause (c) of sub-section (1) of section 34, shall hold office during the pleasure of the authority nominating him. (2) Members of the State Veterinary Council shall be eligible for re-election or re-nomination, as the case may be. (3) An elected or nominated member of the State Veterinary Council shall be deemed to have vacated his office— (a) if he is absent without excuse, sufficient in the opinion of the State Veterinary Council, from three consecutive meetings of the State Veterinary Council; (b) if he ceases to hold the office from which he has been nominated; (c) in the case of a member whose name is required to be included in any State veterinary register, if his name is removed from the register; (d) if he has been convicted of an offence involving moral turpitude and punishable with imprisonment; (e) if he is an undischarged insolvent; (f) if he is of unsound mind and stands so declared by a competent court. 13 ----- (4) No act done by the State Veterinary Council shall be called in question on the ground merely of the existence of any vacancy, or defect, in the establishment of, the State Veterinary Council. (5) A casual vacancy in the State Veterinary Council shall be filled by fresh election or nomination, as the case may be, and the person 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. (6) The State Veterinary Council shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed. **39. Resignation.—(1) The President of the State Veterinary Council may at any time resign his office** by notice in writing addressed to the State Veterinary Council and delivered to the Registrar and the resignation shall take effect from the date on which it is accepted by that Council or on the expiry of ninety days from the date of receipt of the resignation by the Registrar, whichever is earlier. (2) A member of the State Veterinary Council may at any time resign his office by notice in writing addressed to the President of the State Veterinary Council and every such resignation shall take effect from the date on which it is accepted by the President or on the expiry of ninety days from the date of receipt of the resignation by the President, whichever is earlier. **40. Executive and other Committees.—Subject to such conditions and restrictions as may be** prescribed, the State Veterinary Council may constitute an Executive Committee and other Committees for exercising any power or discharging any duty of the State Veterinary Council or for inquiring into, reporting with respect to, or advising on, any matter which the State Veterinary Council may refer to them. **41. Fees and allowances.—The President and other members of the State Veterinary Council and the** members of the Committees (other than the members of the State Veterinary Council) shall be paid such fees and allowances for attending the meetings of the State Veterinary Council and the Committees as may be prescribed. **42. Appointment of Registrar and other officers or servants.—(1) The State Veterinary Council** may, with the previous sanction of the State Government, appoint a Registrar who shall also act as Treasurer unless the State Veterinary Council appoints any person as Treasurer and may appoint such other officers and employees as it may deem necessary to carry out the purposes of this Act. (2) The terms and conditions of service of the Registrar, and of the other officers and employees appointed by the State Veterinary Council shall be such as may be prescribed. (3) The Registrar and other officers and employees of the State Veterinary Council shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (4) All orders and decisions and other instruments of the State Veterinary Council shall be authenticated by the signature of the Registrar or any other officer of the State Veterinary Council duly authorised by it in this behalf. (5) Notwithstanding anything contained in sub-section (1), for the first two years from the first constitution of the State Veterinary Council the Registrar of the State Veterinary Council shall be a person appointed by the State Government, who shall hold office during the pleasure of the State Government. **43. Information to be furnished by State Veterinary Council.—(1) The State Veterinary Council** shall furnish such reports, copies of its minutes and of the minutes of the Executive Committee and abstract of its accounts to the State Government as the State Government may from time to time require and shall forward to the Council copies of all material so furnished to the State Government. (2) The State Government may publish in such manner as it thinks fit any report, copy or abstract furnished to it under this section. 14 ----- CHAPTER VII REGISTRATION **44. Preparation and maintenance of State veterinary practitioners register.—(1) The State** Government shall as soon as may be cause to be prepared in the manner hereinafter provided a register of veterinary practitioners to be known as the State veterinary register for the State. (2) The State Veterinary Council shall on its establishment assume the duty of maintaining the State veterinary register in accordance with the provisions of this Act. (3) The State veterinary register shall contain the names of the persons possessing the recognised veterinary qualifications. (4) The State veterinary register shall include the following particulars, namely:— (a) the full name, nationality and residential address of the registered person; (b) the date of his admission in the State veterinary register; (c) his qualification for registration and the date on which he obtained such qualification and authority which conferred it; (d) his professional address; and (e) such further particulars as may be prescribed. **45. First preparation of register.—(1) For the purpose of first preparing the State veterinary** register, the State Government shall, by notification in the Official Gazette, constitute a Registration Tribunal consisting of three persons holding recognised veterinary qualifications and shall also appoint a Registrar who shall act as Secretary of the Tribunal. (2) The State Government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by the prescribed fee, not exceeding twenty-five rupees, shall be made to the Registration Tribunal. (3) The Registration Tribunal shall examine every application received on or before the appointed date, and, if it is satisfied that the applicant is qualified for registration under section 46, shall direct the entry of the name of the applicant on the register. (4) The register so prepared shall thereafter be published in such manner as the State Government may direct, and any person aggrieved by a decision of the Registration Tribunal expressed or implied in the register as so published may, within sixty days from the date of such publication, appeal to an authority appointed by the State Government in this behalf by notification in the Official Gazette. (5) The Registrar shall amend the register in accordance with the decisions of the authority appointed under sub-section (4) and shall thereupon issue to every person whose name is entered in the register a certificate of registration in the prescribed form. (6) Upon the establishment of the State Veterinary Council, the register shall be given into its custody, and the State Government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the State Veterinary Council. **46. Qualifications for entry on preparation of register.—A person shall be entitled, on payment of** the prescribed fee not exceeding twenty-five rupees, to have his name entered on the State veterinary register if he resides in the State and if he holds a recognised veterinary qualification. **47. Scrutiny of applications for registration.—(1) After the date appointed for the receipt of** applications for registration under sub-section (2) of section 45, all applications for registration shall be addressed to the Registrar of the State Veterinary Council and shall be accompanied by the prescribed fee not exceeding twenty-five rupees. (2) If upon such application the Registrar of the State Veterinary Council is of the opinion that the applicant is entitled to have his name entered on the State veterinary register, he shall enter thereon the name of the applicant: 15 ----- Provided that no person, whose name has under the provisions of this Act been removed from the State veterinary register of any State, shall be entitled to have his name entered on the State veterinary register of another State except with the approval of the State Veterinary Council from whose register his name was removed. (3) Any person whose application for registration is rejected by the Registrar of the State Veterinary Council may, within three months from the date of such rejection, appeal to the State Veterinary Council. (4) A person aggrieved by the decision of the State Veterinary Council under sub-section (3) may, within sixty days from the communication to him of such decision, appeal to the State Government. (5) Upon entry in the State veterinary register of a name under this section, the Registrar of the State Veterinary Council shall issue a certificate of registration in the prescribed form. **48. Renewal fees.—(1) The State Government may, by notification in the Official Gazette, direct that** for the retention of a name in the State veterinary register, there shall be paid in every five years to the State Veterinary Council, such renewal fee, not exceeding fifteen rupees, as may be prescribed and where such direction has been made, such renewal fee shall be due to be paid before the 1st day of April of the year to which it relates. (2) Where a renewal fee is not paid within the said period, the Registrar of the State Veterinary Council shall remove the name of the defaulter from the State veterinary register: Provided that a name so removed may be restored to the said register on payment of renewal fee in such manner as may be prescribed. (3) On payment of the renewal fee, the Registrar of the State Veterinary Council shall issue a certificate of renewal and such certificate shall be proof of renewal of registration. **49. Removal from the register.—(1) Subject to the provisions of this section, the State Veterinary** Council may order that the name of any person shall be removed from the State veterinary register where it is satisfied after giving that person 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 State veterinary register by error or on account of mis representation or suppression of a material fact, or (b) that he has been convicted of an offence involving moral turpitude and punishable with imprisonment or has been guilty of any infamous conduct in any professional respect or has violated the standards of professional conduct and etiquette or the code of ethics which in the opinion of the State Veterinary Council renders him unfit to be kept in the said register. (2) An order under sub-section (1) may direct that any person whose name is ordered to be removed from the State veterinary register shall be ineligible for registration under this Act, either permanently or for such period of years as may be specified. (3) An order under sub-section (1) shall not take effect until the expiry of three months from the date thereof or until an appeal, if any on such order is finally disposed of, whichever date is later. (4) A person aggrieved by an order under sub-section (1) may, within sixty days from the communication to him of such order, appeal to the Council. (5) A person aggrieved by the decision of the Council under sub-section (4) may, within sixty days from the communication to him of such decision, appeal to the Central Government. (6) A person whose name has been removed from the register under this section or under sub-section (2) of section 48 shall forthwith surrender his certificate of registration and certificate of renewal, if any, to the Registrar of the State Veterinary Council and the name so removed shall be published in the Official Gazette. (7) A person whose name has been removed from the State veterinary register under this section or sub-section (2) of section 48 shall not be entitled to have his name registered in the State veterinary 16 ----- register or in any other State veterinary register, except with the approval of the State Veterinary Council from whose register his name has been removed. **50. Restoration to State veterinary register.—The State Veterinary Council may, at any time for** reasons appearing to it sufficient and subject to approval of the Council, order that upon payment of the prescribed fee not exceeding twenty-five rupees, the name of a person removed from a State veterinary register shall be restored thereto. **51. Printing of State veterinary register.—As soon as may be after the 1st day of April each year,** the Registrar of the State Veterinary Council shall cause to be printed copies of the State veterinary register as it stood on the said date and such copies shall be made available to persons applying therefor on payment of the prescribed charge not exceeding ten rupees and shall be evidence that on the said date the persons whose names are entered therein were registered veterinary practitioners. CHAPTER VIII MISCELLANEOUS **52. Transfer of registration.—Where a registered veterinary practitioner of one State is practising** veterinary medicine in another State, he may, on payment of prescribed fee which shall not exceed the renewal fee for registration in such other State, make an application in the prescribed form to the Council for the transfer of his name from the State veterinary register of the State where he is registered to the State veterinary register of the State in which he is practising veterinary medicine, and on receipt of any such application, the Council shall, notwithstanding anything contained elsewhere in this Act, direct that the name of such person be removed from the first-mentioned State veterinary register and entered in the State veterinary register of the second-mentioned State and the State Veterinary Councils concerned shall comply with such direction: Provided that such a person shall be required to produce a certificate to the effect that all dues in respect of his registration in the former State have been paid: Provided further that where any such application for transfer is made by a veterinary practitioner against whom any disciplinary proceeding is pending or where for any other reason it appears to the Council that the application for transfer has not been made bona fide and the transfer should not be made, the Council may, after giving the veterinary practitioner a reasonable opportunity of making a representation in this behalf, reject the application. **53. Bar of jurisdiction.—No order refusing to enter a name in a register or removing a name from a** register shall be called in question in any court. **54. Issue of duplicate certificates.—Where it is shown to the satisfaction of the Registrar of the** State Veterinary Council that a certificate of registration or a certificate of renewal has been lost or destroyed, the Registrar may, on payment of the prescribed fee, not exceeding ten rupees, issue a duplicate certificate in the prescribed form. **55. Penalty for falsely claiming to be registered.—If any person whose name is not for the time** being entered in a 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 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. **56. Misuse of titles.—If any person,—** (a) not being a person registered in a register, takes or uses the description of a veterinary practitioner, or (b) not possessing a recognised veterinary qualification, uses a degree or a diploma or a licence or an abbreviation indicating or implying such qualification, 17 ----- he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both. **57. Practice by unregistered persons.—(1) After the expiry of one year from the date appointed** under sub-section (2) of section 45, no person, other than a registered veterinary practitioner or a person permitted by the State Government under the proviso to clause (b) of section 30 shall practise veterinary medicine or render minor veterinary services, as the case may be, in that State. (2) If any person contravenes the provisions of sub-section (1), he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both. **58. Failure to surrender certificate of registration.—If any person whose name has been removed** from a register fails without sufficient cause forthwith to surrender his certificate of registration or certificate of renewal, or both, he shall be punishable with fine which may extend to five hundred rupees and in case of a continuing offence with an additional fine which may extend to ten rupees per day after the first day during which the offence continues. **59. Cognizance of offence.—No court shall take cognizance of any offence punishable under this** Act except upon complaint made by order of the State Government or State Veterinary Council. **60. Bar of suit and other legal proceedings.—No suit or other legal proceedings shall lie against the** Central Government or the State Government or the Council or a State Veterinary Council in respect of anything which is in good faith done or intended to be done in pursuance of this Act, or of any rules, regulations or orders made thereunder. **61. Payment of part of fees to Council.—The State Veterinary Council shall, before the end of June** in each year, pay to the Council a sum equivalent to one-fourth of the total fees realised by the State Veterinary Council under this Act during the period of twelve months ending on the 31st day of March of that year. **62. Accounts and audit.—(1) The Council shall maintain appropriate accounts and other relevant** records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Council shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Council to the Comptroller and AuditorGeneral 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 Council shall have the same rights and 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 of accounts, connected vouchers and other documents and papers and to inspect the office of the Council. (4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. (5) A copy of the accounts of the Council as so certified together with the audit report thereon shall be forwarded simultaneously to the Council. **63. Appointment of Commission of Inquiry.—(1) Whenever it appears to the Central Government** that the Council is not complying with any of the provisions of this Act, the Central Government may appoint a Commission of Inquiry consisting of three persons, two of whom shall be appointed by the 18 ----- Central Government, one being the Judge of a High Court and one by the Council and refer to it the matter on which the inquiry is to be made. (2) The Commission shall proceed to inquire in a summary manner and report to the Central Government on the matters referred to it together with such remedies, if any, as the Commission may like to recommend. (3) The Central Government may accept the report or remit the same to the Commission for modification or reconsideration. (4) After the report is finally accepted, the Central Government may order the Council to adopt the remedies so recommended within such time as may be specified in the order and if the Council fails to comply within the time so specified, the Central Government may pass such order or take such action as may be necessary to give effect to the recommendations of the Commission. (5) Whenever it appears to the State Government that the State Veterinary Council is not complying with any of the provisions of this Act, the State Government may likewise appoint a similar Commission of inquiry in respect of the State Veterinary Council to make inquiry in like manner and pass such orders or take such action as specified in sub-sections (3) and (4). **64. 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 Chapters II, III, IV and V. (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. **65. Power of State Government to make rules.—(1) The State Government may, by notification in** the Official Gazette, make rules to carry out the purposes of Chapters VI, VII and VIII. (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 President of the State Veterinary Council shall be elected under section 36; (b) the manner in which election under Chapter VI shall be conducted; (c) the procedure to be observed by the State Veterinary Council at its meetings under sub-section (6) of section 38; (d) the conditions and restrictions with respect to the constitution of Executive Committee and other Committees under section 40; (e) the fees and allowances for attending the meetings of the State Veterinary Council and the Committees under section 41; (f) the terms and conditions of appointment of the Registrar, other officers and employees of the State Veterinary Council under sub-section (2) of section 42; (g) the particulars to be included in the State veterinary register under clause (e) of sub-section (4) of section 44; (h) the fee which shall be accompanied by an application for registration under sub-section (2) of section 45 and sub-section (1) of section 47; (i) the form of certificate of registration under sub-section (5) of section 45 and sub-section (5) of section 47; 19 ----- (j) the fee payable under section 46, section 50, section 52 and section 54; (k) the renewal fee under sub-section (1) of section 48; (l) the manner of payment of renewal fee under the proviso to sub-section (2) of section 48; (m) the charge for supplying printed copies of the State veterinary register under section 51; (n) the form of duplicate certificate under section 54; (o) any other matter which is to be or may be prescribed under Chapters VI, VII and VIII. (3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or, where such Legislature consists of one House, before that House. **66. Power to make regulations.—(1) The Council may, with the previous approval of the Central** Government, make regulations, not inconsistent with the provisions of this Act and the rules made under section 64, to carry out the purposes of Chapters II, III, IV and V. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner in which the President and Vice-President shall be elected under sub-section (4) of section 3; (b) the procedure to be observed respectively by the Council and the Committee at their meeting under sub-section (6) of section 9 and sub-section (2) of section 12; (c) the terms and conditions of appointment of the Secretary, other officers and employees of the Council under sub-section (2) of section 11; (d) the fees and allowances for attending the meetings of the Council and the Committees under section 13; (e) the form and manner in which the Indian veterinary practitioners register shall be maintained under sub-section (1) of section 23; (f) the manner of keeping the Indian veterinary practitioners register under sub-section (2) of section 23; (g) the form and manner in which an application may be made under section 24; (h) the form of application and the fee payable under sub-section (1) of section 25; (i) the form of certificate of registration under sub-section (2) of section 25; (j) the fee payable under sub-section (3) of section 25; (k) the form of duplicate certificate under sub-section (3) of section 25; (l) the form and manner in which an application may be made and the fee payable under sub section (1) of section 26; (m) the standards of professional conduct and etiquette and code of ethics to be observed by veterinary practitioners under sub-section (1) of section 31; (n) any other matter for which under this Act provision may be made by regulations. (3) Every regulation shall, as soon as may be after it is made by the Council, 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 20 ----- modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. **67. Repeal and saving.—As from the commencement of this Act in any State, every other Act** relating to any matter contained in this Act and in force in that 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 and the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply to such repeal as if such other Act were a Central Act. 21 ----- THE FIRST SCHEDULE [See section 2(e) and section 15] RECOGNISED VETERINARY QUALIFICATIONS GRANTED BY UNIVERSITIES OR VETERINARY INSTITUTIONS IN INDIA University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 DEGREES 1. Agra University Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 2. Andhra Pradesh Agricultural University Bachelor of Veterinary Science B. V. Sc. 1[3. Assam Agricultural University in respect of College of:(i) Veterinary Science, Guwahati (ii) Lakhimpur College of Veterinary Science, Assam. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 4. Bidhan Chandra Krishi Viswa Vidyalaya Bachelor of Veterinary Science and Animal Husbandry 5. University of Bihar Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 24[th] January, 2024.) B. V. sc. & A.H. B. V. Sc. & A.H. 6. University of Bombay Bachelor of Science (Vety.) B.Sc. (Vet.) Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. Bachelor of Veterinary Science B. V. Sc. 7. University of Calcutta Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 8. University of Calicut Bachelor of Veterinary Science B. V. Sc. 9. Chandra Shekhar Azad University of Agriculture and Technology Bachelor of Veterinary Science and Animal Husbandry 10. Gauhati Univeresity Bachelor of Veterinary Science and Animal Husbandry 11. Govind Ballabh Pant University of Agriculture and Technology Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. 12. Gujarat Agricultural University Bachelor of Veterinary Science and Animal Husbandry 13. Haryana Agricultural University Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Animal Science B. V. A. Sc. 14. University of Jabalpur Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry 1. Subs.by Notification No. S.O. 3425(E), dated 28-7-2023. 22 B. V. Sc. & A.H. ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 15. Jawaharlal Nehru Krishi Vishwa Vidyalaya Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. 16. Kerala Agricultural University Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science B. V. Sc. 17. University of Kerala Bachelor of Veterinary Science B. V. Sc. 18. Konkan Krishi Vidyapeeth Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 19. University of Madras Bachelor of Veterinary Science B. V. Sc. 20. Magadh University Bachelor of Veterinary Science and Animal Husbandry 21. Maharashtra Agricultural University Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. 22. Mahatma Phule Krishi Vidyapeeth Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry 23. Marathwada Krishi Vidyapeeth Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B. V. Sc. & A.H. 24. University of Mysore Bachelor of Veterinary Science B. V. Sc. 25. Nagpur University Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A. H. Bachelor of Science (Vety.) B. Sc. (Vet.) 26. Orissa University of Agriculture and Technology Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 27. Osmania University Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. 28. Punjab University Lahore Bachelor of Veterinary Science B. V. Sc. (1942—Aug.1947) 29. East Punjab University, Solan (1948— 54) 30. Punjab University, Chandigarh (1984—62) Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry 31. Punjab Agricultural University Bachelor of Veterinary Science and Animal Husbandry 23 B. V. Sc. & A.H. B. V. Sc. & A.H. ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 32. Punjab Krishi Vidyapeeth Bachelor of Veterinary Science and Animal Husbandry 1[33. Rajasthan Agricultural University (In respect of students passed out from Apollo College of Veterinary Medicine, Jaipur) Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 34. University of Rajasthan Bachelor of Veterinary Science and Animal Husbandry 35. Rajendra Agricultural University Bachelor of Veterinary Science and Animal Husbandry 36. Ranchi University Bachelor of Veterinary Science and Animal Husbandry 37. Sardar Patel University Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or before the 10th September, 2009). B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 14th September, 2008 and on or before the 10th September, 2009).] B. V. Sc. & A.H. 2[B.V.Sc. & A.H. This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or before 4th day of August, 2011] B. V. Sc. & A.H. B. V. Sc. & A.H. 38. University of Saugar Bachelor of Veterinary Science B. V. Sc. 1. Subs.by Notification No. S.O. 2518(E), dated 25-9-2014. 2. Subs. by Notification No. S.O. 2662(E), dated 30-8-2013. 24 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 39. Sri Venkateswara University Bachelor of Veterinary Science B. V. Sc. B. V. Sc. 40. [1][Tamil Nadu Veterinary and Animal Bachelor of Veterinary Science (This qualification Sciences University (Since the Tamil Bachelor of Veterinary Science and shall be a recognised Nadu Veterinary and Animal University Animal Husbandry veterinary bifurcated from Tamil Nadu Agricultural Bachelor of Veterinary Science qualification only University), Chennai State of Tamil when granted on or Nadu, in respect of:— Bachelor of Veterinary Science and after the 20th (i) Madras Veterinary College Animal Husbandry September, 1989 Chennai, Tamil Nadu; and on or before the Bachelor of Veterinary Science and (ii) College of Veterinary Science 21st December, Animal Husbandry 2006); and Research Institute, Namakkal, B.V.Sc. & A.H. Tamil Nadu; Bachelor of Veterinary Science and (This qualification (iii) Veterinary College and Animal Husbandry shall be a recognised Research Institute, Orthanadu, Tamil veterinary Nadu; qualification only (iv) Veterinary College and when granted on or Research Institute, Tirunelveli, Tamil after the 22nd Nadu. December, 2006); B.V.Sc. (This qualification shall be a recognised veterinary qualification only when granted on or after the 20th September, 1989 and on or before the 21st December, 2006); B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 22nd December, 2006); B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 20th October, 2017); B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 20th October, 2017);] 1. Subs. by Notification No. S.O.1296(E), dated 08-03-2019. 25 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 41. University of Udaipur. Bachelor of Veterinary Science and Animal Husbandry B. V.Sc. & A.H. 42. University of Agricultural Sciences, Hebbal. 43. Uttar Pradesh Agricultural University, Pant nagar. Bachelor of Veterinary Science B. V. Sc. Bachelor of Veterinary Science and Animal Husbandry 44. Utkal University Bachelor of Veterinary Science and Animal Husbandry 45. Vikram University Bachelor of Veterinary Science and Animal Husbandry 46. Mohan Lal Sukhadia University Bachelor of Veterinary Science and Animal Husbandary 1[ 2[47. Sher-E-Kashmir University of Agricultural Sciences and Technology, Srinagar, Jammu and Kashmir.] 2[48.Himachal Pradesh Krishi Vishvavidyala, College of Veterinary and Animal Sciences, Palampur (H. P.) 1[49. Birsa Agricultural University, Kanke, Ranchi (Bihar). Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science Bachelor of Veterinary Science and Animal Husbandary B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. & A.H. B. V. Sc. &A. H...; B. V. Sc. This qualification shall be recognised veterinary qualification for the purposes of the said Act when granted on or after 12 January, 1990.] 3[B. V. Sc. & A. H. This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 1st April, 1981.] 1. Ins. by S. O. 823/93. 2. Entries inserted by S. O. 823/93, renumbered as S. Nos. “47” and “48” respectively by S. O. 1165/95. 3. Subs. by S. O. 268/97. 26 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 50. Choudhari Charan Singh Haryana Agricultural University,Hisar (Haryana). 1[51. West Bengal University of Animal and Fishery Sciences, Calcutta. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A. H. This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 8th October, 1991.] B. V. Sc. & A.H. This qualification shall be a recognised. veterinary qualification as aforesaid only when granted on or after the 17th April, 1995 or 31-12-2000. B.V.Sc.&A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 27th December, 1990 and on or before 31st October 2012.) B.V.Sc. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 16th Apri1,1990.) B. V. Sc. &A. H (This qualification shall be a recognized Veterinary qualification as aforesaid only when granted on or before the 18th November, 1996). 52. Indra Gandhi Krishi Bachelor of Veterinary Vishwavidyalaya, Raipur Science and Animal Husbandry 53. University of Agricultural Sciences, Dharwad 1. Ins. by S. O. 1411/96. Bachelor of Veterinary Science 27 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 54. Patna University, Patna Bachelor of Veterinary Science and Animal Husbandry B.V.Sc.& A.H This qualification shall be a recognized veterinary qualification as afore-said only when granted in the year 1961. B.V.Sc.&A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 6th Nov.,1995 and on or before 15th Oct.,2001.) B.V.Sc.& A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 26th Nov.,1998. This qualification shall be a recognized veterinary qualification as afore said only when granted on or before 31st of March 2006. 55. Dr. Panjabrao Deshmukh Krishi Vidyapeeth, Akola 56. Acharya N.G. Ranga Agricultural University, Hyderabad Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 28 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 57. Marathwada Agricultural University, Parbhani Bachelor of Veterinary Science and Animal Husbandry 58. Pondicherry University, Pondicherry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc.& A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted in or after 1972. B.V.Sc.& A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted in or after the 25th November, 1999.) B.V.Sc.&A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 19th November, 1996) (This Qualification shall be a recognized veterinary qualification as aforesaid only when granted on or before the 31[st] March, 2005). 59. University of Agricultural Sciences, Dharwad Bachelor of Veterinary Science and Animal Husbandry 29 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 60. University of Agricultural Sciences, Bangalore 61. Chaudhary Sarwan Kumar H.P. Krishi Vishwavidyalaya, College of Veterinary Science, Palampur, H.P. 62. Sher-e-Kashmir University of Agricultural Science Technology, Jammu 63. Sher-e-Kashmir University of Agricultural Science Technology, Kashmir Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 30 B. V. Sc. &A. H (This qualification shall be a recognized veterinary qualification as afore-said only when granted on or after the 10th March, 2000.) (This qualification shall be a recognized veterinary qualification only when granted on or before the 31st day of March, 2005). B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 23rd June, 2001) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 10th Feb., 2000) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 20th Sept., 1999). ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 64. Maharashtra Animal and Fishery Sciences University, Nagpur 65. Dr. Balasahab Sawant Krishi Vidyapeeth, Dapoli 66. Central Agricultural University, Imphal, Manipur 1[67. Narendra Deva University of Agriculture and Technology, Faizabad (College of Veterinary Science and Animal Husbandry, Faizabad) 2 Bachelor of Veterinary Science and Animal Husbandry. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry 3 B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 11[th] February, 2002.) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 13th February, 2001.) B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 28.03.2003.) B.V.Sc.& A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 17[th] July, 2004 and before 5[th] August, 2019.)] 1. Subs. by Notification No. S.O. 4715(E), dated 24-09-2021. 31 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[68. Kamataka Veterinary, Animal & Fisheries Sciences University, Bidar in respect:- (i) Veterinary Colleges, Bangalore and Bidar (ii) Veterinary College, Shimoga (iii) Veterinary College, Hassan (iv) Veterinary College, Gadag 69. Anand Agricultural University Anand in respect of College of Veterinary Science and Animal Husbandry, Anand 70. Sardar Krushinagar Dantiwada Agricultural University, Sardarkrushinagar in respect of College of Veterinary Science and Animal Husbandry, Sardarkrushinangar Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor Science Husbandry of Veterinary and Animal B.V.Sc & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 1[st] April, 2005) B.V.Sc & A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 24[th] August, 2011) B.V.Sc & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 24th August, 2012) B.V.Sc & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 15th May, 2023)] B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 01st May, 2004). B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 1st May,2004). 1. Subs. by Notification No. S.O. 2873 (E), dated 3-07-2023. 32 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 [1][72. Sri Venkateswara Veterinary University in respect of constituent Veterinary Colleges at Hyderabad, Tirupati and Gannavaram College of Veterinary Science, Proddatur College of Veterinary Science, Kortula 73. Guru Angad Dev Veterinary and Animal Sciences University, Ludhiana College of Veterinary Science, Ludhiana Khalsa College of Veterinary and Animal Sciences, Amritsar Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 1st April, 2006.) B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 5th October 2013.) B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 5th October 2013.);] B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 21st April, 2006). B.V.Sc.&A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after the 27th July, 2015). 1. Subs. by Notification No. S.O. 577(E), dated 19-02-2015. 33 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[74. Swamy Keshwanand Rajasthan Agricultural University, Bikaner in respect of— (i) College of Veterinary and Animal Sciences, Bikaner (ii) Apollo College of Veterinary Medicine, Jaipur Bachelor of Veterinary Science and Animal Husbandry B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 11th September, 2009 and on or before the 12th May, 2010).] 2[75. Rajasthan University of Veterinary and Animal Sciences, Bikaner in respect of— (i) College of Veterinary and Animal Sciences, Bikaner (ii) Apollo College of Veterinary Medicine, Jaipur Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 13th May, 2010). B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 13th May, 2010 and on or before the 24thJuly, 2015). 1. Subs. by Notification No. S.O. 2518(E), dated 25-09-2014. 2. Subs. by Notification No. S.O. 198(E), dated 18-01-2017. 34 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 (iii) Mahatma Gandhi College of Veterinary Sciences, Bharatpur (iv) Arawali Veterinary College, Sikar 1[(v) Mahatma Jyotiba Fule College of Veterinary and Animal Sciences, Chomu, Jaipur 2[(vi) College of Veterinary and Animal Science, Navania, Udaipur 3[(vii) Post Graduate Institute of Veterinary Education and Research, Jaipur 4[(viii) Apollo College of Veterinary Medicine, Jaipur Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 19th January, 2011 and on or before the 24th July, 2015).". B.V.Sc. & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 17th December, 2014.". B.V.Sc & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 15th December, 2014.).] B.V. Sc. & A.H. (This qualification shall be a recognized veterinary qualification only when granted on or after 8th September, 2018).] B.V. Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 31st August, 2020).] B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 1st March 2023.] 1. Ins. by Notification No. S.O. 2858(E), dated 31-08-2017. 2. Ins. by Notification No. S.O. 1146(E), dated 07-03-2019. 3. Ins. by Notification No. S.O. 1270(E), dated 20-04-2020. 4. Ins. by Notification No. S.O. 1456(E), dated 12-5-2020. 35 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 76. Madhya Pradesh Pashu Chikitsa. Vigyan Vishwavidyalaya, Jabalpurin respect of: - (i) College of Veterinary Science and Animal Husbandry, Jabalpur (ii) College of Veterinary Science and Animal Husbandry, Mhow] 1[78. Lala Lajpat Rai University of Veterinary and Animal Sciences, Hisar State of Haryana, in respect of: (i) College of Veterinary Sciences, Hisar, Haryana ; (ii) International Institute of Veterinary Education and Research, Bahu Akbarpur, Rohtak, Haryana 2[79. Chhattisgarh Kamdhenu, Vishwavidyala Anjora, Durg in respect of: College of Veterinary Science and Animal Husbandry, Durg. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry B.V.Sc & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 1st day of January, 2011) B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 1st December, 2010); B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 21st November, 2019).] B.V.Sc. & A.H. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 1st day of November, 2012)] 1. Subs. by Notification No. S.O. 43(E), dated 03-01-2019. 2. Ins. by Notification No. S.O. 989(E), dated 29-04-2010. 36 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[80. Nanaji Deshmukh Veterinary Bachelor of Veterinary Science and B.V.Sc. & A.H. Science University, Jabalpur in respect of:- Animal Husbandry. This qualification - shall be a (i) College of Veterinary Science and recognised Animal Husbandry, Jabalpur veterinary (ii) College of Veterinary Science and qualification only Animal Husbandry, Mhow. when granted on or after 21.8.2012.] 2[81. Bihar Agricultural University, Bachelor of Veterinary Science and B.V.Sc. & A.H. Sabour, Bhagalpur, in respect of Bihar Animal Husbandry This qualification Veterinary College, Patna shall be a recognized veterinary qualification only when granted [3][on or after 05.08.2011 and on or before 12.06.2018].] 4[82. Navsari Agricultural University, Bachelor of Veterinary Science and B.v.Sc. & AH Navsari College of Veterinary Science and Animal Husbandry This qualification Animal Husbandry, Navsari shall be a recognised veterinary qualification only when granted on or after 16.1.2014.] 83. Tripura University in respect of Bachelor of Veterinary Science and B.V.Sc. & A.H. Students admitted in College of Veterinary Animal Husbandry (This qualification Science and Animal Husbandry at R.K. shall be a Nagar, Agartala (Tripura) during 2009-10. recognised veterinary qualification only when granted on 3rd September, 2014 and not before or after this date).] 5[83 A. Tripura University in respect of Bachelor of Veterinary Science and B.V.Sc & A.H. Students admitted in College of Veterinary Animal Husbandry (This qualification Science and Animal Husbandry at R.K. shall be a recognised veterinary Nagar, Agartala (Tripura) from 2012-13 qualification only when granted on or after 28/07/2017).] 1. Subs. by Notification No. S.O. 770(E), dated 02-03-2017. 2. Ins. by Notification No. S.O.2662(E), Dated 30-08-2013. 3. Subs. by Notification No. S.O.1145(E), dated 07-03-2019. 4. Ins. by Notification No. S.O.1022(E), Dated 02-04-2014. 5. Ins. by Notification No. S.O. 4233(E), dated 28-08-2018. 37 ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[84. Junagarh Agricultural University in respect of College of Veterinary Science and Animal Husbandry, Junagarh 2[86. Bihar Animal Science University, Patna, Bihar in respect of Bihar Veterinary College, Patna. 3[87. ICAR-Indian Veterinary Research Institute, Bareilly in the State of Uttar Pradesh 1[84. Junagarh Agricultural University in Bachelor of Veterinary Science and B.V.Sc. and A.H. respect of College of Veterinary Science Animal Husbandry (This qualification and Animal Husbandry, Junagarh shall be a recognised veterinary qualification only when granted on or after 30th June 2013.).] 2[86. Bihar Animal Science University, Bachelor of Veterinary Science and B.V.Sc. & A.H. Patna, Bihar in respect of Bihar Veterinary Animal Husbandry (This qualification College, Patna. shall be a recognised veterinary qualification only when granted on or after 13.06.2018).] 3[87. ICAR-Indian Veterinary Research Bachelor of Veterinary Science and B.V.Sc. & A.H. Institute, Bareilly in the State of Uttar Animal Husbandry (This qualification Pradesh shall be a recognized veterinary qualification only when granted on or after the 25th June 2020.] [4][88. Sardar Vallabhbhai Patel University of Agriculture and Technology, Meerut in respect of (i) College of Veterinary and Animal Sciences, Meerut.] DIPLOMAS 1. Assam Veterinary College Graduate in Veterinary Science G.V. Sc. Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Graduate in Veterinary Science and Animal Husbandry G.V. Sc. & A.H. 2. Bengal Veterinary College Graduate of Bengal Veterinary College G.B.V.C. Graduate in Veterinary Science G.V. Sc. 3. Bihar Veterinary College Graduate of Bihar Veterinary College G.B.V.C. 4. Bombay Veterinary College Graduate of Bombay Veterinary College G.B.V.C. 5. Madras Veterinary College Graduate of Madras Veterinary College G.M.V.C. 6. Punjab Veterinary College Licensed Veterinary Practitioner (Conferred before 15-8-1947) 1. Ins. by Notification No. S.O. 577(E), dated 19-02-2015. 2. Ins. by Notification No. S.O.1145(E), dated 07-03-2019. 3. Ins. by Notification No. S.O. 283(E), dated 20-1-2020. 4. Subs. by Notification No. S.O. 847(E), dated 23-02-2021. 38 L.V.P. ----- University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 1[89. Acharya Narendra Deva University of Agriculture and Technology, Kumarganj, Ayodhya, Uttar Pradesh in respect of College of Veterinary Science and Animal Husbandry, Ayodhya. 2[83. Tripura University in respect of Students admitted in College of Veterinary Science and Animal Husbandry at R.K. Nagar, Agartala (Tripura) during 2009-10. 3[84. Junagarh Agricultural University in respect of College of Veterinary Science and Animal Husbandry, Junagarh 4[85 5[P. V. Narsimha Rao Telangana Veterinary University], Hyderabad in respect of Colleges namely: (i) College of Veterinary Sciences, Rajendranagar, Hyderabad (ii) College of Veterinary Sciences, Korutla, District Karimnagar Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry Bachelor of Veterinary Science and Animal Husbandry. B.V.Sc. & A.H. (This Qualification shall be a recognized veterinary qualification only when granted on or after the 5[th] August, 2019.] B.V.Sc. & A.H. (This qualification shall be a recognised veterinary qualification only when granted on 3rd September, 2014 and not before or after this date).] B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 30th June 2013.).] B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after the 22.11.2014). B.V.Sc. and A.H. (This qualification shall be a recognised veterinary qualification only when granted on or after 22.11.2014).] 1. Ins. by Notification No. S.O. 4715(E) Dated 24-09-2021. 2. Ins. by Notification No. S.O.3318(E) Dated 30-12-2014. 3. Ins. by Notification No. S.O. 577(E), Dated 19-02-2015. 4. Ins. by Notification No. S.O. 1096(E), dated 26-02-2016. 5. Subs. by Notification No. S.O.341(E), dated 02-02-2017 39 ----- THE SECOND SCHEDULE [See section 2(e) and section 16] RECOGNISED VETERINARY QUALIFICATIONS GRANTED BY INSTITUTIONS OUTSIDE INDIA Country and Institution Recognised veterinary qualification Abbreviation for registration 1 2 3 UNITED KINGDOM 1. Royal College of Veterinary Member of the Royal College of M.R.C.V.S. Surgeons Veterinary Surgeons. 2. University of Bristol Bachelor of Veterinary Science B.V. Sc. 3. University of Cambridge Bachelor of Veterinary Science B.V. Sc. 4. University of Edinburgh Bachelor of Veterinary Science B.V. Sc. 5. University of Glasgow Bachelor of Veterinary Science B.V. Sc. 6. University of Liverpool Bachelor of Veterinary Science B.V. Sc. 7. University of London Bachelor of Veterinary Medicine B. Vet. Med. REPUBLIC OF IRELAND 8. University of Dublin Bachelor of Veterinary Medicine B.V.M. 9. National University of Ireland Bachelor of Veterinary Medicine B.V.M. 40 -----

23-Aug-1984

55

The Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984

https://www.indiacode.nic.in/bitstream/123456789/1845/1/198455.pdf

central

# THE HOOGHLY DOCKING AND ENGINEERING COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1984 _________ # 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 the 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 to claimants. 23. Disbursement of amounts to the Company. ----- SECTIONS 24. Undisbursed or unclaimed amount to be deposited to the general revenue account. CHAPTER VII MISCELLANEOUS 25. Act to have overriding effect. 26. Contracts to cease to have effect unless ratified by the Central Government or the Government company. 27. Protection of action taken in good faith. 28. Delegation of powers. 29. Penalties. 30. Offences by companies. 31. Power to make rules. 32. Power to remove difficulties. 33. Repeal and saving. THE SCHEDULE. ----- # THE HOOGHLY DOCKING AND ENGINEERING COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1984 ACT NO. 55 OF 1984 [23rd _August, 1984.]_ # An Act to provide for the acquisition and transfer of the undertakings of the Hooghly Docking and Engineering Company Limited with a view to securing the better utilisation of the available infrastructure thereof, to modernise and increase the capacity for ship building and ship repairing so as to reduce the import of ships, vessels and craft and to augment the production of grey iron, non-ferrous and alloy castings by the said undertakings so as to subserve the interests of the general public by ensuring the continued supply of the said articles which are essential to the needs of the economy of the country, and for matters connected therewith and incidental thereto. WHEREAS the Hooghly Docking and Engineering Company Limited is, through its undertakings, engaged in shipbuilding, ship repairing, general engineering and other activities; AND WHEREAS the Company has the capacity and infrastructure to effect an increase in the country’s capacity to manufacture ships and other vessels and craft; AND WHEREAS an increase in the production of such vessels and craft would reduce the need of the country to make imports of such vessels and craft and would thereby enable the country to save foreign exchange; AND WHEREAS the Company is also engaged in the production of grey iron, non-ferrous and alloy castings which are essential to the needs of the economy of the country; AND WHEREAS the Company had been suffering heavy losses for a number of years mainly due to lack of fresh investment and modernisation; AND WHEREAS further investment of substantial sums of money is needed to run and modernise the undertakings of the Company: but in view of the serious adverse financial condition of the Company it is not in a position to secure such investment; AND WHEREAS the liquidation of the Company, by reason of its inability to pay its debts, would prejudicially affect the country’s capacity to manufacture such ships, vessels and craft and would thereby be prejudicial to the public interest; AND WHEREAS in view of the position aforesaid it is necessary to acquire the undertaking of the said Company to enable the Central Government to make necessary investments for securing the proper utilisation of the available facilities for shipbuilding and ship repairing (including the production of vessels and craft) and also for the production of grey iron, non-ferrous and alloy castings which are essential to the needs of the economy of the country; BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Hooghly Docking and** Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984. (2) It shall be deemed to have come into force on the 28th day of June, 1984. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the date of commencement of this Act; (b) “Commissioner” means the Commissioner of Payments appointed under section 15; (c) “Company” means the Hooghly Docking and Engineering Company Limited, being a company as defined in the Companies, Act, 1956 (1 of 1956), and having its registered office at 12, Mission Row, Calcutta-700001; ----- (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), shall 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 undertaking 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 vested 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 all 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, tribunal or other authority restricting the use of such properties in any manner 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 amount specified in sections 8 and also out of the amount 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 that 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, other than the liability** specified in sub-section (2), 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) Any liability arising in respect of advances from customers for shipbuilding and non-shipbuilding orders shall, on and from the appointed day, be the liability of the Central Government or of the existing, or new, Government company aforesaid, and shall be discharged by that Government or, as the case may be, the existing, or new, Government company. ----- (3) 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 on or 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.—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 its undertakings, there shall be paid by the Central Government to the Company, in cash and in the manner specified in Chapter VI, an amount of rupees six hundred and fifty lakhs. **9. Payment of further amount.—(1) The amount specified in section 8 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. (2) The amount determined in accordance with the provisions of sub-section (1) shall be paid by the Central Government to the Company in addition to the amount specified in section 8. (3) For the removal of doubts, it is hereby declared that the liabilities of the Company, in relation to its undertakings which have vested in the Central Government under section 3, shall be discharged from the amount referred to in section 8; and also from the amount determined under sub-section (1) in accordance with the rights and interests of the creditors of the Company. CHAPTER IV MANAGEMENT, ETC., OF THE UNDERTAKINGS OF THE COMPANY **10. Management, etc., of the undertakings of the Company.—The general superintendence,** direction, control and management of the affairs and business of the undertakings of the Company, the right, title and interest in relation to which have vested in the Central Government under section 3, shall,— (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, and thereupon the existing, or new, Government company, 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. **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 the existing, or** new, Government company, all persons in charge of the management of the undertakings of the Company immediately before such vesting, shall be bound to deliver to such Government company, 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 and such Government company 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 of the undertakings owned by the Company, which have vested in the Central Government or in the existing, or new, Government company under this Act, and which belong to the Company or would have so belonged, if the undertakings owned by the Company had not vested in the Central Government or 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 the Government company or to such person or 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 properties 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 person who has been, immediately before the appointed** day, employed in any undertakings of the Company shall become,— (a) on and from the appointed day, an employee of the Central Government; and (b) where the undertakings of the Company are vested in an existing, or a new, Government company, an employee of that company on and from the date of such vesting, and shall hold office or service under the Central Government or the existing, or 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: Provided that, unless any extension of service is granted to such person after the appointed day in accordance with the rules in that behalf in force for the time being, such person shall retire compulsorily from the service of the Central Government or the existing, or new, Government company, as the case may be,— (a) where he has attained or attains the age of fifty-eight years before, or on, or within a period of three months from, the appointed day, on the date of expiry of the said period of three months or on the date on which he shall retire compulsorily from service in accordance with the conditions of service applicable to him immediately before the appointed day, whichever date is earlier; (b) in any other case, on his attaining the age of fifty-eight years. (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 any undertaking of 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 under 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 any other fund for the benefit of the persons employed in any of the undertakings of the Company, the monies relatable to the officers or other employees, whose services have become transferred, by or under this Act to the Central Government or the existing, or 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 that 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, 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 the amount specified in section 8, and (b) an 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) The interest accruing on the amount 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 the 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 its undertakings 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 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 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 the undertakings of the Company 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 and 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 of priorities. (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 the claims 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 certain 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 time 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 sittings and shall, for the purpose of making an investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 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 the decision to the principal civil court of original jurisdiction 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 lie to the High Court exercising jurisdiction over the place in which the registered office of the 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 the Commissioner to claimants.—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 such claim shall stand discharged. **23. Disbursement of amounts of the Company.—(1) If, out of the monies paid to him in relation to** the undertakings of the Company, there is a balance left after meeting the liabilities as specified in the Schedule, the Commissioner shall disburse such balance to the Company. (2) Where the possession of any machinery, equipment or other property has vested in the Central Government or the 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 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 to 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 wound up, shall be transferred by the Commissioner, before his office is finally would 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. 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 its undertakings,** which has vested in the Central Government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of 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 the 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 the Government company; and (b) 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. **27. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Central Government or any officer or other employee of that Government or the existing, or new, Government Company or other person authorised by the Central 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 existing, or new, Government company or other person authorised by the Central Government or the Government 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. 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, section 31, and section 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. **29. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of any undertakings of either the Company, wrongfully withholds such property from the Central Government or the existing, or new, Government company; or (b) wrongfully obtains possession of, or retains, any property forming part of the undertakings of the Company; or (c) wilfully withholds or fails to furnish to the Central Government or the existing, or new, 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 undertakings of 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 to 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 undertakings of the Company; or (e) wrongfully removes or destroys any property forming part of the undertakings of the Company; or (f) 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. **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. 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 time within which, and the manner in which, an intimation shall be given to the Commissioner under sub-section (3) of section 4; (b) the manner in which the monies in any provident fund or other fund under 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. Repeal and saving.—(1) The Hooghly Docking and Engineering Company Limited (Acquisition** and Transfer of Undertakings) Ordinance, 1984 (7 of 1984), 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. ----- THE SCHEDULE [See sections 18, 20, 21 and 23] ORDER OF PRIORITIES FOR THE DISCHARGE OF LIABILITIES OF THE COMPANY _Category I—_ (a) Wages, salaries and other dues payable to the employees of the Company; (b) Arrears in relation to contributions to be made by the Companies to the provident fund, Employees’ State Insurance Fund, Life Insurance Corporation premium and any other arrear under any law for the time being in force. _Category II—_ Loans and interest for which Government of India have given guarantees to the public financial institutions. _Category III—_ Secured loans with interest advanced by— (a) public financial institutions; (b) banks. _Category IV—_ Statutory dues. _Category V—_ Unsecured loans with interest advanced by the public financial institutions, banks or other creditors. _Category VI—_ Any credits availed of by the Company for the purpose of carrying on any trading or manufacturing operations. _Category VII—_ Any other loans or dues. -----

31-Aug-1984

61

The Terrorist Affected Areas (Special Courts) Act, 1984

https://www.indiacode.nic.in/bitstream/123456789/1831/1/a1984-61.pdf

central

# THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 __________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Declaration of terrorist affected area. 4. Establishment of Special Courts. 5. Composition and appointment of Judges of Special Courts. 6. Place of sitting. 7. Jurisdiction of Special Court. 8. Powers of Special Courts with respect to other offences. 9. Public Prosecutors. 10. Procedure and powers of Special Courts. 11. Power of Supreme Court to transfer case. 12. Protection of witnesses. 13. Power to transfer cases to regular courts. 14. Appeal. 15. Modified application of certain provisions of the Code. 15A. Abolition of certain Special Courts. 16. Overriding effect of Act. 17. Delegation. 18. Power to make rules. 19. Saving. 20. Amendment of Act 1 of 1872. 21. Repeal and saving. THE SCHEDULE. APPENDIX. ----- # THE TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1984 ACT NO. 61 OF 1984 [31st August, 1984.] # An Act to provide for the speedy trial of certain offences in terrorist affected areas and for matters connected therewith. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Terrorist Affected Areas** (Special Courts) Act, 1984. (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 14th day of July, 1984. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); (b) “High Court”, in relation to a Special Court, means the High Court within the territorial limits of whose jurisdiction such Special Court is proposed to be, or is, established; (c) “judicial zone” means a judicial zone constituted under sub-section (1) of section 3; (d) “notification” means a notification published in the Official Gazette; (e) “Public Prosecutor” means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under section 9 and includes any person acting under the directions of the Public Prosecutor; (f) “scheduled offence” means an offence specified in the Schedule being an offence committed in a terrorist affected area; (g) “Special Court” means a Special Court or an Additional Special Court established under section 4; (h) “terrorist” means a person who indulges in wanton killing of persons or in violence or in the disruption of services or means of communications essential to the community or in damaging property with a view to— (i) putting the public or any section of the public in fear; or (ii) affecting adversely the harmony between different religious, racial, language or regional groups or castes or communities; or (iii) coercing or overawing the Government established by law; or (iv) endangering the sovereignty and integrity of India; (i) “terrorist affected area” means an area declared as a terrorist affected area under section 3; (j) 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. (2) Any reference in this Act to the Code or any provision thereof shall, in relation to an area in which the Code or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. **3. Declaration of terrorist affected area.—(1) If the Central Government is of the opinion that** offences of the nature specified in the Schedule are being committed in any area by terrorists on such a scale and in such a manner that it is expedient for the purpose of coping with the activities of such terrorists to have recourse to the provisions of this Act, it may, by notification,— (a) declare such area to be a terrorist affected area; and *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. ----- (b) constitute such area into a single judicial zone or into as many judicial zones as it may deem fit. (2) A notification issued under sub-section (1) in respect of an area shall specify the period during which the area shall, for the purposes of this Act, be a terrorist affected area, and where the Central Government is of the opinion that terrorists had been committing in that area, from a date earlier than the date of issue of the notification, offences of the nature specified in the Schedule on such a scale and in such a manner that it is expedient to commence the period specified in the notification from such earlier date, the period specified in the notification may commence from that date: Provided that— (a) no period commencing from a date earlier than six months from 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 six months, but the Central Government may, by notification, extend such period from time to time by any period not exceeding six months at any one time, if the Central Government, having regard to the activities of terrorists in such area, is of the opinion that it is expedient so to do. _Explanation.—For the avoidance of doubts, it is hereby declared that the period specified in a_ notification issued under this section may commence from a date earlier than the date of commencement of this Act. **4. Establishment of Special Courts.—(1) For the purpose of providing for speedy trial of scheduled** offences committed in a judicial zone, the Central Government may establish, by notification, a Special Court in relation to such judicial zone— (a) within such judicial zone; or (b) if the Central Government having regard to the exigencies of the situation in such judicial zone considers it expedient so to do, at any place outside such judicial zone but within the State in which such judicial zone is situated. (2) Notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of the situation prevailing in a State, the State Government is of the opinion that it is expedient to establish in relation to a judicial zone, or in relation to two or more judicial zones, in the State, an Additional Special Court outside the State, for the trial of such scheduled offences committed in the judicial zone or judicial zones, the trial whereof within the State— (a) is not likely to be fair or impartial or completed with utmost dispatch; or (b) is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor and the Judge or any of them; or (c) is not otherwise in the interests of justice, the State Government may request the Central Government to establish in relation to such judicial zone or judicial zones an Additional Special Court outside the State and thereupon the Central Government may, after taking into account the information furnished by the State Government and making such inquiry, if any, as it may deem fit, establish, by notification, such Additional Special Court at such place outside the State as may be specified in the notification. **5. Composition and appointment of Judges of Special Courts.—(1) A Special Court shall be** presided over by a judge to be appointed by the Central Government with the concurrence of the Chief Justice of the High Court. (2) The Central Government may also appoint, with the concurrence of the Chief Justice of the High Court, Additional judges to exercise jurisdiction in a Special Court. ----- (3) A person shall not be qualified for appointment as a Judge or an Additional judge of a Special Court unless he is immediately before such appointment a Sessions Judge or an Additional Sessions Judge in any State. (4) For the removal of doubts, it is hereby provided that the attainment by a person, appointed as a Judge or an Additional Judge of a Special Court, of age of superannuation under the rules applicable to him in the Service to which he belongs, shall not affect his continuance as such Judge or Additional Judge. (5) Where any Additional Judge or Additional Judges is, or are, appointed in a Special Court, the Judge of the Special Court may, from time to time, by general or special order, in writing, provide for the distribution of business of the Special Court among himself and the Additional Judge or Additional Judges and also for the disposal of urgent business in the event of his absence or the absence of any Additional Judge. **6. Place of sitting.—A Special Court may, if it considers it expedient or desirable so to do, sit for any** of its proceedings at any place, other than the ordinary place of its sitting, in the State in which it is established: Provided that if the Public Prosecutor certifies to the Special Court that it is in his opinion necessary for the protection of the accused or any witness or otherwise expedient in the interests of justice that the whole or any part of the trial should be held at some place other than the ordinary place of its sitting, the Special Court may, after hearing the accused, make an order to that effect unless, for reasons to be recorded in writing, the Special Court thinks fit to make any other order. **7. Jurisdiction of Special Court.—(1) Notwithstanding anything contained in the Code or in any** other law, a scheduled offence committed in a judicial zone in a State at any time during the period during which such judicial zone is, or is part of, a terrorist affected area shall be triable, whether during or after the expiry of such period, only by the Special Court established for such judicial zone in the State: Provided that where the period specified under sub-section (2) of section 3 as the period during which an area declared by notification under sub-section (1) of that section to be a terrorist affected area commences from a date earlier than the date on which such notification is issued, then— (a) nothing in the foregoing provisions of this sub-section shall apply to a scheduled offence committed in such area in which the whole of the evidence for the prosecution has been taken before the date of issue of such notification; and (b) all other cases involving scheduled offences committed in such area and pending before any court immediately before the date of issue of such notification shall stand transferred to the Special Court having jurisdiction under this section and the Special Court to which such proceedings stand transferred shall proceed with such cases from the stage at which they were pending at that time. (2) Notwithstanding anything contained in sub-section (1), if in respect of a case involving a scheduled offence committed in any judicial zone in a State, the Central Government, having regard to the provisions of sub-section (2) of section 4 and the facts and circumstances of the case and all other relevant factors, is of the opinion that it is expedient that such offence should be tried by the Additional Special Court established in relation to such judicial zone outside the State, the Central Government may make a declaration to that effect: Provided that no such declaration shall be made unless the State Government has forwarded to the Central Government a report in writing containing a request for making of such declaration. _Explanation.—Where an Additional Special Court is established in relation to two or more judicial_ zones, such Additional Special Court shall be deemed, for the purposes of this sub-section, to have been established in relation to each of such judicial zones. (3) A declaration made under sub-section (2) shall not be called in question in any court. (4) Where any declaration is made in respect of any offence committed in a judicial zone in a State, any prosecution in respect of such offence shall be instituted only in the Additional Special Court established in relation to such judicial zone outside the State, and if any prosecution in respect of such ----- offence is pending immediately before such declaration in any other court, the same shall stand transferred to such Additional Special Court and such Additional Special Court shall proceed with such case from the stage at which it was pending at that time. **8. Powers of Special Courts with respect to other offences.—(1) 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. (2) If, in the course of any trial under this Act, it is found that the accused person has committed any offence, the Special Court may, whether such offence is or is not a scheduled offence, convict such person of such offence and pass any sentence authorised by law for the punishment thereof. **9. Public Prosecutors.—(1) For every Special Court, the Central Government shall appoint a person** to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors: Provided that the Central Government may also appoint for any case or class of cases a Special Public Prosecutor. (2) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section only if he has been in practice as an Advocate for not less than seven years or has held any post, for a period of not less than seven years, under the Union or a State, requiring special knowledge of law. (3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly. **10. Procedure and powers of Special Courts.—(1) A Special Court may take cognizance of any** scheduled offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts. (2) 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 in a summary way, 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. (3) A Special Court may, with a view to obtaining the evidence of any person supposed 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 relative 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) Subject to the other provisions of this Act, a Special Court shall, for the purpose of trial of any offence, 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 the trial before a Court of Session. (5) Subject to the other provisions of this Act, every case before an Additional Special Court shall be dealt with as if such case had been transferred under section 406 of the Code to such Additional Special Court. ----- **11. Power of Supreme Court to transfer case.—Whenever it is made to appear to the Supreme** Court that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one Special Court to another Special Court. **12. Protection of witnesses.—(1) Notwithstanding anything contained in the Code, all proceedings** before a Special Court shall be conducted in camera: Provided that where the Public Prosecutor so applies, any proceedings or part thereof may be held in open court. (2) A Special Court may, on an application made by a witness in any proceedings before it or by the Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secret. (3) In particular and without prejudice to the generality of the provisions of sub-section (2), the measures which a Special Court may take under that sub-section may include— (a) the holding of the proceeding at a protected place; (b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public; (c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed. (4) Any person who contravenes any direction issued under sub-section (2) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees. **13. 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 such offence, transfer the case for trial of such offence to any court having jurisdiction under the Code and the court to which the case is transferred may proceed with the trial of the offence as if it has taken cognizance of the offence. **14. Appeal.—(1) Notwithstanding anything contained in the Code, an appeal shall lie as a matter of** right from any judgment, sentence or order, not being interlocutory order, of a Special Court to the Supreme Court both on facts and on law. (2) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order of a Special Court. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. **15. Modified application of certain provisions of the Code.—(1) Notwithstanding anything** contained in the Code or any other law, every scheduled offence shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the Code and “cognizable case” as defined in that clause shall be construed accordingly. (2) Section 167 of the Code shall apply in relation to a case involving a scheduled offence subject to the modifications that— (a) the reference in sub-section (1) thereof to “Judicial Magistrate” shall be construed as a reference to “Judicial Magistrate or Executive Magistrate”; (b) the references in sub-section (2) thereof to “fifteen days”, “ninety days” and sixty days”, wherever they occur, shall be construed as references to “thirty days”, “one year” and “one year”, respectively; and (c) sub-section (2A) thereof shall be deemed to have been omitted. ----- (3) Sections 366 to 371 and section 392 of the Code shall apply in relation to a case involving a scheduled offence subject to the modifications that the references to “Court of Session” and “High Court”, wherever occurring therein, shall be construed as references to “Special Court” and “Supreme Court”, respectively. (4) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed a scheduled offence in a terrorist affected area. (5) Notwithstanding anything contained in the Code, no person accused of a scheduled offence shall, if in custody, be released on bail or on his own bond unless— (a) the Public Prosecutor has been given an opportunity to oppose 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 he is not guilty of such offence and that he is not likely to commit any offence while on bail. (6) The limitations on granting of bail specified in sub-section (5) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail. 1[15A. Abolition of certain Special Courts.—Where the area comprising a judicial zone has ceased to be a terrorist affected area and no cases are pending before a Special Court or an Additional Special Court established in relation to such judicial zone, the Central Government may, by notification in the Official Gazette, abolish such Special Court or Additional Special Court.] **16. Overriding effect of Act.—(1) The provisions of this Act shall have effect 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 purpose of the said provisions of the Code, the Special Court shall be deemed to be a Court of Session. (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, as far as may be, apply to the proceedings before a Special Court, and for this purpose any reference in those provisions to a Magistrate shall be construed as a reference to the Special Court. **17. Delegation.—The Central Government may, by notification, delegate, subject to such conditions** as may be specified, all or any of the powers exercisable by it under this Act [except the power under subsection (2) of section 4 and the power under sub-section (2) of section 7] to the State Government. **18. Power to make rules.—The Supreme Court may, by notification, make such rules, if any, as it** may deem necessary for carrying out the purposes of this Act. **19. 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. **20. Amendment of Act 1 of 1872.—In the Indian Evidence Act, 1872, after section 111, the** following section shall be inserted, namely:— **“111A.Presumption as to certain offences.—(1) Where a person is accused of having** committed any offence specified in sub-section (2), in— (a) any area declared to be a disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order; or (b) any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, 1. Ins. by Act 45 of 1985, s. 2 (w.e.f. 26-8-1985). ----- and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence. (2) The offences referred to in sub-section (1) are the following, namely:— (a) an offence under section 121, section 121A, section 122 or section 123 of the Indian Code (45 of 1860); (b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 122 or section 123 of the Indian Penal Code (45 of 1860).” **21. Repeal and saving.—(1) The Terrorist Affected Areas (Special Courts) Ordinance, 1984(9 of** 1984), 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[THE SCHEDULE [See section 2 (f)] 1. Offences under the following provisions of the Indian Penal Code (45 of 1860):— sections 121, 121A, 122 and 123. 2. Offences under the following provisions of the Anti-Hijacking Act, 1982 (65 of 1982):— sections 4 and 5. NOTE 1.—The offence of criminal conspiracy or attempt to commit, or abetment of, an offence specified in this Schedule shall be deemed to be a scheduled offence. NOTE 2.—The commission of an offence specified in this Schedule by any member of an unlawful assembly shall be deemed to be the commission of that scheduled offence by every other member of the unlawful assembly.] 1. Subs. by Act 45 of 1985, s. 3, for the Schedule (w.e.f. 26-8-1985). ----- APPENDIX EXTRACT FROMTHE TERRORIST AFFECTED AREAS (SPECIAL COURTS)AMENDMENTACT, 1985 (45 of 1985) - * * * * **4. Special Courts to cease to exercise jurisdiction with respect to certain cases and transfer of** **pending cases.—(1) Notwithstanding anything contained in section 7 of the principal Act but subject to** the provisions of sub-section (2), after the commencement of this Act, a Special Court shall not take cognizance of, or have or exercise any jurisdiction with respect to, any offence other than an offence mentioned in or connected with an offence mentioned in the Schedule to the principal Act as substituted by section 3 of this Act. (2) Every case which is pending immediately before the commencement of this Act before any Special Court and which is in respect of an offence other than an offence mentioned in, or connected with an offence mentioned in, the Schedule to the principal Act as substituted by section 3 of this Act shall, as soon as may be after such commencement, be transferred to the principal Act to take cognizance thereof and the court to which the case is so transferred may proceed with the case from the stage at which it was at the time of such transfer as if it had originally taken cognizance of the case and the case was pending with it at that time. (3) This section shall be read as one with the principal Act and words and expressions used in this section shall be construed accordingly. -----

14-Sep-1984

66

The Family Courts Act, 1984

https://www.indiacode.nic.in/bitstream/123456789/1844/1/A1984__66.pdf

central

# THE FAMILY COURTS ACT, 1984 # ________ # ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II FAMILY COURTS 3. Establishment of Family Courts. 4. Appointment of Judges. 5. Association of social welfare agencies, etc. 6. Counsellors, officers and other employees of Family Courts. CHAPTER III JURISDICTION 7. Jurisdiction. 8. Exclusion of jurisdiction and pending proceedings. CHAPTER IV PROCEDURE 9. Duty of Family Court to make efforts for settlement. 10. Procedure generally. 11. Proceedings to be held in camera. 12. Assistance of medical and welfare experts. 13. Right to legal representation. 14. Application of Indian Evidence Act, 1872. 15. Record of oral evidence. 16. Evidence of formal character on affidavit. 17. Judgment. 18. Execution of decrees and orders. CHAPTER V APPEALS AND REVISIONS 19. Appeal. CHAPTER VI MISCELLANEOUS 20. Act to have overriding effect. 21. Power of High Court to make rules. 22. Power of the Central Government to make rules. 23. Power of the State Government to make rules. 1 ----- # THE FAMILY COURTS ACT, 1984 # ACT NO. 66 OF 1984 [14th September, 1984.] # An Act to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Family Courts Act,** 1984. (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. 1. The words “except the State of Jammu and Kashmir” Omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and _vide Union Territory of Ladakh_ Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 2. This Act shall come into force in— (i)Union territory of Andaman and Nicobar Islands on 19th November, 1986,vide notification No. 79/22/86, dated 19th November, 1986, Gazette of India, Extra., Pt. II, Section 1. (ii) Madhya Pradesh on 19thNovember, 1986, vide notification No. 79/6/86, dated 14th November, 1986, Gazette of India, Extra., Pt. II, Section 1. (iii) Uttar Pradesh on 2ndOctober, 1986, vide notification No. 79/11/86-Jus., dated 4th September, 1986, Gazette of India, Pt. II, Section 1. (iv)Delhi on 19th November, 1986,vide notification No. S.O. 863(E), dater 18th November, 1986, Gazette of India, Extra., Pt. II, Section 3 (ii). (v)Maharashtra on 1stDecember, 1986, _vide_ notification No. S.O. 944(E), dated 5th December, 1986, Gazette of India, Extra., Pt. II, Section 3(ii). (vi)Karnataka on 25thMay, 1987, vide notification No. G.S.R. 685(E), dated 15th May, 1987, Gazette of India, Extra., Pt. II, Section 3(i). (vii)Orissa on 1st May, 1989, _vide_ notification No. S.O. 321(E), dated 27th April, 1989, Gazette of India, Extra, Pt. II, Section 3(ii). (viii)Kerala on 21st October, 1989, vide notification No. 79/5/86, dated 17th October, 1989, Gazette of India, Extra., Pt. II, Section 1. (ix)Goa on 16thApril, 1990, _vide_ notification No. S.O. 328(E), dated 12th April, 1990, Gazette of India, Extra., Pt. II, Section 3(ii). (x)Union territory of Pondicherry on 1st May, 1987, vide notification No. G.S.R. 459 (E), dated 29th April, 1987, Gazette of India, Extra, Pt. II, Section 3(i). (xi)West Bengal on 1stNovember, 1991, vide notification No. 79/12/86-Jus., dated 1st November, 1991, Gazette of India, Extra., Pt. II, Section 1 (E). (xii)Assam on 2nd October, 1991, vide notification No. 79/2/86Jus., dated 30th November, 1991, Gazette of India, Extra., Pt. II, Section 1 (E). (xiii)Bihar on 10th December, 1991, vide notification No. S.O. 838(E), dated 6th December, 1991, Gazette of India, Extra., Pt. II, Section 3(ii). (xiv)Manipur on 3rdFebruary, 1992, vide notification No. S.O. 91(E), dated 30th January, 1992, Gazette of India, Extra., Pt. II, Section 3(ii). (xv)Haryana on 2ndNovember, 1992, vide notification No. S.O. 784(E), dated 23th October, 1992, Gazette of India, Extra., Pt. II, Section 3(i). (xvi)Andhra Pradesh on 15thFebruary, 1995, vide notification No. S.O. 92(E), dated 6th February, 1995, Gazette of India, Extra.. Part II, Section 3 (ii). (xvii) Gujarat on 1stJanuary, 2000, vide notification No. S.O. 1268(E), dated 20nd December, 1999, Gazette of India, Extra., Pt. II, Section 3 (ii). (xviii)Union territory of Daman and Diu on 10th October, 2003, vide notification No. S.O. 1161 (E), dated 14th October, 2003, Gazette of India, Extra., Pt. II, Section 3 (ii). 2 ----- **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Judge” means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge or other Judge of a Family Court; (b) “notification” means a notification published in the Official Gazette; (c) “prescribed” means prescribed by rules made under this Act; (d) “Family Court” means a Family Court established under section 3; (e) all other words and expressions used but not defined in this Act and defined in the Code of Civil Procedure, 1908 (5 of 1908) shall have the meanings respectively assigned to them in that Code. CHAPTER II FAMILY COURTS **3. Establishment of Family Courts.—(1) For the purpose of exercising the jurisdiction and powers** conferred on a Family Court by this Act, the State Government, after consultation with the High Court, and by notification,— (a) shall, as soon as may be after the commencement of this Act, established for every area in the State comprising of city or town whose population exceeds one million, a Family Court; (b) may establish Family Courts for such other areas in the State as it may deem necessary. (2) The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase, reduce or alter such limits. **4. Appointment of Judges.—(1) The State Government may, with the concurrence of the High** Court, appoint one or more persons to be the Judge or Judges of a Family Court. (2) When a Family Court consists of more than one Judge,— (a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force; (b) the State Government may, with the concurrence of the High Court, appoint any of the Judges to be the Principal Judge and any other Judge to be the Additional Principal Judge; (c) the Principal Judge may, from time to time, make such arrangements as he may deem fit for the distribution of the business of the Court among the various Judges thereof; (d) the Additional Principal Judge may exercise the powers of the Principal Judge in the event of any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his functions owing to absence, illness or any other cause. (3) A person shall not be qualified for appointment as a Judge unless he— (a) has for at least seven years held a judicial office in India or the office of a Member of a Tribunal or any post under the Union or a State requiring special knowledge of law; or (b) has for at least seven years been an advocate of a High Court or of two or more such Courts in succession; or (c) possesses such other qualifications as the Central Government may, with the concurrence of the Chief Justice of India, prescribe. 3 ----- (4) In selecting persons for appointment as Judges,— (a) every endeavour shall be made to ensure that persons committed to the need to protect and preserve the institution of marriage and to promote the welfare of children and qualified by reason of their experience and expertise to promote the settlement of disputes by conciliation and counselling are selected; and (b) preference shall be given to women. (5) No person shall be appointed as, or hold the office of, a Judge of a Family Court after he has attained the age of sixty-two years. (6) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of, a Judge shall be such as the State Government may, in consultation with the High Court, prescribe. **5. Association of social welfare agencies, etc.—The State Government may, in consultation with the** High Court, provide, by rules, for the association, in such manner and for such purposes and subject to such conditions as may be specified in the rules, with a Family Court of— (a) institutions or organisations engaged in social welfare or the representatives thereof; (b) persons professionally engaged in promoting the welfare of the family; (c) persons working in the field of social welfare; and (d) any other person whose association with a Family Court would enable it to exercise its jurisdiction more effectively in accordance with the purposes of this Act. **6. Counsellors, officers and other employees of Family Courts.—(1) The State Government shall,** in consultation with the High Court, determine the number and categories of counsellors, officers and other employees required to assist a Family Court in the discharge of its functions and provide the Family Court with such counsellors, officers and other employees as it may think fit. (2) The terms and conditions of association of the counsellors and the terms and conditions of service of the officers and other employees, referred to in sub-section (1), shall be such as may be specified by rules made by the State Government. CHAPTER III JURISDICTION **7. Jurisdiction.—(1) Subject to the other provisions of this Act, a Family Court shall—** (a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and (b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends. _Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of_ the following nature, namely:— (a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage; (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person; 4 ----- (c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them; (d) a suit or proceeding for an order or injunction in circumstance arising out of a marital relationship; (e) a suit or proceeding for a declaration as to the legitimacy of any person; (f) a suit or proceeding for maintenance; (g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. (2) Subject to the other provisions of this Act, a Family Court shall also have and exercise— (a) the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and (b) such other jurisdiction as may be conferred on it by any other enactment. **8. Exclusion of jurisdiction and pending proceedings.—Where a Family Court has been** established for any area,— (a) no district court or any subordinate civil court referred to in sub-section (1) of section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to that sub-section; (b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974); (c) every suit or proceeding of the nature referred to in the _Explanation to sub-section (1) of_ section 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974),— (i) which is pending immediately before the establishment of such Family Court before any district court or subordinate court referred to in that sub-section or, as the case may be, before any magistrate under the said Code; and (ii) which would have been required to be instituted or taken before such Family Court if, before the date on which such suit or proceeding was instituted or taken, this Act had come into force and such Family Court had been established, shall stand transferred to such Family Court on the date on which it is established. CHAPTER IV PROCEDURE **9. Duty of Family Court to make efforts for settlement.—(1) In every suit or proceeding,** endeavour shall be made by the Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit. (2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable possibility of a settlement between the parties, the Family Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a settlement. (3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the Family Court to adjourn the proceedings. 5 ----- **10. Procedure generally.—(1) Subject to the other provisions of this Act and the rules, the** provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)] before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court. (2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court. (3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other. **11. Proceedings to be held in camera.—In every suit or proceedings to which this Act applies, the** proceedings may be held in camera if the Family Court so desires and shall be so held if either party so desires. **12. Assistance of medical and welfare experts.—In every suit or proceedings, it shall be open to a** Family Court to secure the services of a medical expert or such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purposes of assisting the Family Court in discharging the functions imposed by this Act. **13. Right to legal representation.—Notwithstanding anything contained in any law, no party to a** suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner: Provided that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae. **14. Application of Indian Evidence Act, 1872.—A Family Court may receive as evidence any** report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872). **15. Record of oral evidence.—In suits or proceedings before a Family Court, it shall not be** necessary to record the evidence of witnesses at length, but the Judge, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the witness and the Judge and shall form part of the record. **16. Evidence of formal character on affidavit.—(1) The evidence of any person where such** evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court. (2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit. **17. Judgment.—Judgment of a Family Court shall contain a concise statement of the case, the point** for determination, the decision thereon and the reasons for such decision. **18. Execution of decrees and orders.—(1) A decree or an order [other than an order under Chapter** IX of the Code of Criminal Procedure, 1973 (2 of 1974)], passed by a Family Court shall have the same force and effect as a decree or order of a civil court and shall be executed in the same manner as is prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the execution of decrees and orders. (2) An order passed by a Family Court under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) shall be executed in the manner prescribed for the execution of such order by that Code. 6 ----- (3) A decree or order may be executed either by the Family Court which passed it or by the other Family Court or ordinary civil court to which it is sent for execution. CHAPTER V 1 [APPEALS AND REVISIONS] **19. Appeal.—(1) Save as provided in sub-section (2) and notwithstanding anything contained in the** Code of Civil Procedure,1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. (2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties [2][or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974): Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991 (59 of 1991).] (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court. 2[(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding.] 3[(5)] Except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a Family Court. 4* - - - CHAPTER VI MISCELLANEOUS **20. 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. **21. Power of High Court to make rules.—(1) The High Court may, by notification in the Official** Gazette, make such rules as it may deem necessary 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) normal working hours of Family Courts and holding of sittings of Family Courts on holidays and outside normal working hours; (b) holding of sittings of Family Courts at places other than their ordinary places of sitting; (c) efforts which may be made by, and the procedure which may be followed by, a Family Court for assisting and persuading parties to arrive at a settlement. 1. Subs. by Act 59 of 1991, s. 2, for “Appeals” (w.e.f 28-12-1991). 2. Ins. by s.2, ibid. (w.e.f. 28-12-1991). 3. Sub-section (4) renumbered as sub-section (5) thereof by s. 2, ibid. (w.e.f. 28-12-1991). 4. Sub-section (6) by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, _vide notification No._ S.O. 1123(E) dated (18-3-2020) and _vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order,_ 2020, notification No. S.O. 3774(E), dated (23-10-2020). 7 ----- **22. Power of the Central Government to make rules.—(1) The Central Government may, with the** concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications for appointment of a Judge referred to in clause (c) of sub-section (3) of section 4. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both 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 of the State Government to make rules.—(1) The State Government may, after** consultation with the High Court, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the provisions of sub-section (1) such rules may provide for all or any of the following matters, namely:— (a) the salary or honorarium and other allowances payable to, and the other terms and conditions of Judges under sub-section (6) of section 4; (b)the terms and conditions of association of counsellors and the terms and conditions of service of the officers and other employees referred to in section 6; (c) payment of fees and expenses (including travelling expenses) of medical and other experts and other persons referred to in section 12 out of the revenues of the State Government and the scales of such fees and expenses; (d) payment of fees and expenses to legal practitioners appointed under section 13 as _amicus_ _curiae out of the revenues of the State Government and the scales of such fees and expenses;_ (e) any other matter which is required to be, or may be, prescribed or provided for by rules. (3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature. 8 -----

9-Feb-1985

02

The National Capital Region Planning Board Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1847/1/198502.pdf

central

# THE NATIONAL CAPITAL REGION PLANNING BOARD ACT, 1985 _________ # ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II THE NATIONAL CAPITAL REGION PLANNING BOARD 3. Constitution and incorporation of the Board. 4. Composition of the Planning Committee. 5. Power to co-opt, etc. 6. Vacancies, etc., not to invalidate proceedings of the Board or the Committee. CHAPTER III FUNCTIONS AND POWERS OF THE BOARD AND OF THE COMMITTEE 7. Functions of the Board. 8. Powers of the Board. 9. Functions of the Committee. CHAPTER IV THE REGIONAL PLAN 10. Contents of the Regional Plan. 11. Surveys and studies. 12. Procedure to be followed for the preparation of Regional Plan. 13. Date of coming into operation of the Regional Plan. 14. Modifications of the Regional Plan. 15. Review and revision of the Regional Plan. CHAPTER V FUNCTIONAL PLANS, SUB-REGIONAL PLANS AND PROJECT PLANS 16. Preparation of Functional Plans. 17. Preparation of Sub-Regional Plans. 18. Preparation of Project Plans. 19. Submission of Sub-Regional Plans to the Board. 20. Implementation of Sub-Regional Plans, etc. 1 ----- CHAPTER VI FINANCE, ACCOUNTS AND AUDIT SECTIONS 21. Grants and loans by the Central Government. 22. Constitution of the Fund. 23. Budget. 24. Annual report. 25. Accounts and audit. 26. Annual report and auditors’ report to be laid before Parliament. CHAPTER VII MISCELLANEOUS 27. Act to have overriding effect. 28. Power of the Central Government to give directions. 29. Violation of Regional Plan. 30. Technical assistance to the Board. 31. Officers and employees of the Board. 32. Power to delegate. 33. Power of entry. 34. Member-Secretary, officers and other employees of the Board to be public servants. 35. Protection of action taken in good faith. 36. Power to make rules. 37. Power to make regulations. 38. Rules and regulations to be laid before Parliament. 39. Dissolution of the Board. 40. Acquisition of land and determination of rights in relation to land to be made by the Government of the participating State or Union territory. 41. Repeal and saving. THE SCHEDULE. 2 ----- # THE NATIONAL CAPITAL REGION PLANNING BOARD ACT, 1985 ACT NO. 2 OF 1985 [9th February, 1985.] # An Act to provide for the constitution of a Planning Board for the preparation of a plan for the development of the National Capital Region and for co-ordinating and monitoring the implementation of such plan and for evolving harmonized policies for the control of land-uses and development of infrastructure in the National Capital Region so as to avoid any haphazard development of that region and for matters connected therewith or incidental thereto. WHEREAS it is expedient in the public interest to provide for the constitution of a Planning Board for the preparation of a plan for the development of the National Capital Region and for co-ordinating and monitoring the implementation of such plan and for evolving harmonized policies for the control of land-uses and development of infrastructure in the National Capital Region so as to avoid any haphazard development thereof; AND WHEREAS Parliament has no power to make laws for the States with respect of any of the matters aforesaid, except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of the provisions of clause (1) of article 252 of the Constitution, resolutions have been passed by all the Houses of the Legislatures of the States of Haryana, Rajasthan and Uttar Pradesh to the effect that the matters aforesaid should be regulated in those States by Parliament by law; BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the National Capital Region** Planning Board Act, 1985. (2) It shall be deemed to have come into force on the 19th day of October, 1984. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the National Capital Region Planning Board constituted under sub-section (1) of section 3; (b) “Committee” means the Planning Committee constituted under sub-section (1) of section 4; (c) “counter-magnet area” means an urban area selected by the Board under clause (f) of section 8; (d) “Functional Plan” means a plan prepared to elaborate one or more elements of the Regional Plan; (e) “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (f) “National Capital Region” means the areas specified in the Schedule: Provided that the Central Government with the consent of the Government of the concerned participating State and in consultation with the Board, may, by notification in the Official Gazette, add any area to the Schedule or exclude any area therefrom; (g) “participating States” means the States of Haryana, Rajasthan and Uttar Pradesh; (h) “prescribed” means prescribed by rules made under this Act; 3 ----- (i) “Project Plan” means a detailed plan prepared to implement one or more elements of the Regional Plan, Sub-Regional Plan or Functional Plan; (j) “Regional Plan” means the plan prepared under this Act for the development of the National Capital Region and for the control of land-uses and the development of infrastructure in the National Capital Region; (k) “regulations” means regulations made by the Board under this Act; (l) “sub-region” means such part of the National Capital Region as falls entirely within the limits of a participating State or the Union territory; (m) “Sub-Regional Plan” means a plan prepared for a sub-region; and (n) “Union territory” means the Union territory of Delhi. CHAPTER II THE NATIONAL CAPITAL REGION PLANNING BOARD **3. Constitution and incorporation of the Board.—(1) The Central Government shall, by** notification in the Official Gazette, constitute for the purposes of this Act, a Board, to be called the National Capital Region Planning 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 contract and shall, by the said name, sue and be sued. (3) The Board shall consist of such number of members, not exceeding twenty-one, as may be prescribed, and unless the rules made in this behalf otherwise provide, the Board shall consist of the following members, namely:— (a) the Union Minister for Works and Housing, who shall be the Chairman of the Board; (b) the Chief Minister of the State of Haryana; (c) the Chief Minister of the State of Rajasthan; (d) the Chief Minister of the State of Uttar Pradesh; (e) the Administrator of the Union territory; (f) eight members, to be nominated by the Central Government, on the recommendation of the participating States and the Administrator of the Union territory: Provided that not more than two members shall be nominated on the recommendation of a participating State, or, as the case may be, the Administrator of the Union territory; (g) three other members, of whom one shall be a person having knowledge and experience in town planning, to be nominated by the Central Government; (h) a full-time Member-Secretary of the Board, to be nominated by the Central Government from amongst officers of, or above, the rank of a Joint Secretary to the Government of India: Provided that no change shall be made in the composition of the Board by rules except with the consent of the Government of each of the participating States and of the Administrator of the Union territory. (4) The terms and conditions of office of the members nominated under clause (f), clause (g) or clause (h) of sub-section (3) shall be such as may be prescribed. **4. Composition of the Planning Committee.—(1) The Board shall, as soon as may be, after the** commencement of this Act, constitute a Committee, to be called the Planning Committee, for assisting the Board in the discharge of its functions. 4 ----- (2) The Committee shall consist of such members as may be prescribed and unless the rules made in this behalf otherwise provide, the Committee shall consist of the following members, namely:— (a) the Member-Secretary to the Board, who shall be the ex officio Chairman of the Committee; (b) the Joint Secretary to the Government of India in the Ministry of Works and Housing, in-charge of Housing and Urban Development, ex officio; (c) Secretary-in-charge of Urban Development in each participating State and the Union territory, _ex officio;_ (d) the Vice-Chairman, Delhi Development Authority, ex officio; (e) the Chief Planner, Town and Country Planning Organisation, New Delhi, ex officio; and (f) the Chief Town Planner of each participating State, ex officio. **5. Power to co-opt, etc.—(1) The Board or the Committee may, at any time and for such period as it** thinks fit, co-opt any person or persons as a member or members of the Board or of the Committee. (2) A person co-opted under sub-section (1) shall exercise and discharge all the powers and functions of a member of the Board or of the Committee, as the case may be, but shall not be entitled to vote. **6. Vacancies, etc., not to invalidate proceedings of the Board or the Committee.—No act or** proceeding of the Board of the Committee shall be invalid merely by reason of— (a) the existence of any vacancy in, or any defect in the constitution of, the Board or the Committee; or (b) any irregularity in the procedure of the Board or of the Committee not affecting the merits of the case. CHAPTER III FUNCTIONS AND POWERS OF THE BOARD AND OF THE COMMITTEE **7. Functions of the Board.—The functions of the Board shall be—** (a) to prepare the Regional Plan and the Functional Plans; (b) to arrange for the preparation of Sub-Regional Plans and Project Plans by each of the participating States and the Union territory; (c) to co-ordinate the enforcement and implementation of the Regional Plan, Functional Plans, Sub-Regional Plans and Project Plans through the participating States and the Union territory; (d) to ensure proper and systematic programming by the participating States and the Union territory in regard to project formulation, determination of priorities in the National Capital Region or sub-regions and phasing of development of the National Capital Region in accordance with stages indicated in the Regional Plan; (e) to arrange for, and oversee, the financing of selected development projects in the National Capital Region through Central and State plan funds and other sources of revenue. **8. Powers of the Board.—The powers of the Board shall include the powers to—** (a) call for reports and information from the participating States and the Union territory with regard to preparation, enforcement and implementation of Functional Plans and Sub-Regional Plans; (b) ensure that the preparation, enforcement and implementation of Functional Plan or Sub-Regional Plan, as the case may be, is in conformity with the Regional Plan; (c) indicate the stages for the implementation of the Regional Plan; (d) review the implementation of the Regional Plan, Functional Plan, Sub-Regional Plan and Project Plan; 5 ----- (e) select and approve comprehensive projects, call for priority development and provide such assistance for the implementation of those projects as the Board may deem fit; (f) select, in consultation with the State Government concerned, any urban area, outside the National Capital Region having regard to its location, population and potential for growth, which may be developed in order to achieve the objectives of the Regional Plan; and (g) entrust to the Committee such other functions as it may consider necessary to carry out the provisions of this Act. **9. Functions of the Committee.—(1) The functions of the Committee shall be to assist the Board** in— (a) the preparation and co-ordinated implementation of the Regional Plan and the Functional Plans; and (b) scrutinising the Sub-Regional Plans and all Project Plans to ensure that the same are in conformity with the Regional Plan. (2) The Committee may also make such recommendation to the Board as it may think necessary to amend or modify any Sub-Regional Plan or any Project Plan. (3) The Committee shall perform such other functions as may be entrusted to it by the Board. CHAPTER IV THE REGIONAL PLAN **10. Contents of the Regional Plan.—(1) The Regional Plan shall be a written statement and shall be** accompanied by such maps, diagrams, illustrations and descriptive matters, as the Board may deem appropriate for the purpose of explaining or illustrating the proposals contained in the Regional Plan and every such map, diagram, illustration and descriptive matter shall be deemed to be a part of the Regional Plan. (2) The Regional Plan shall indicate the manner in which the land in the National Capital Region shall be used, whether by carrying out development thereon or by conservation or otherwise, and such other matters as arc likely to have any important influence on the development of the National Capital Region and every such Plan shall include the following elements needed to promote growth and balanced development of the National Capital Region, namely:— (a) the policy in relation to land-use and the allocation of land for different uses; (b) the proposals for major urban settlement pattern; (c) the proposals for providing suitable economic base for future growth; (d) the proposals regarding transport and communications including railways and arterial roads serving the National Capital Region; (e) the proposals for the supply of drinking water and for drainage; (f) indication of the areas which require immediate development as “priority areas”; and (g) such other matters as may be included by the Board with the concurrence of the participating States and the Union territory for the proper planning of the growth and balanced development of the National Capital Region. **11. Surveys and studies.—For the preparation of the Regional Plan, the Board may cause such** surveys and studies, as it may consider necessary, to be made by such person or group of persons as it may appoint in this behalf and may also associate such experts or consultants for carrying out studies in relation to such specified matters as may be determined by the Board. **12. Procedure to be followed for the preparation of Regional Plan.—(1) Before preparing any** Regional Plan finally, the Board shall prepare, with the assistance of the Committee, a Regional Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and in such manner as may be prescribed, inviting objections and suggestions from any person with respect to the draft Regional Plan before such date as may be specified in the notice. 6 ----- (2) The Board shall also give reasonable opportunities to every local authority, within whose local limits any land touched by the Regional Plan is situate, to make any representation with respect to the draft Regional Plan. (3) After considering all objections, suggestions and representations that may have been received by the Board, the Board shall finally prepare the Regional Plan. **13. Date of coming into operation of the Regional Plan.—(1) Immediately after the Regional Plan** has been finally prepared, the Board shall publish, in such manner as may be prescribed, a notice stating that the Regional Plan has been finally prepared by it and naming the places where a copy of the Regional Plan may be inspected at all reasonable hours and upon the date of first publication of the aforesaid notice, the Regional Plan shall come into operation. (2) The publication of the Regional Plan, after previous publication, as required by section 12, shall be conclusive proof that the Regional Plan has been duly prepared. **14. Modifications of the Regional Plan.—(1) The Board may, subject to the provisions of** sub-section (2), make such modifications in the Regional Plan as finally prepared by it, as it may think fit, being modifications which, in its opinion, do not effect important alterations in the character of the Regional Plan and which do not relate to the extent of land-uses or the standards of population density. (2) Before making any modifications in the finally prepared Regional Plan, the Board shall publish a notice, in such form and in such manner as may be prescribed, indicating therein the modifications which are proposed to be made in the finally prepared Regional Plan, and inviting, objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by it on or before the date so specified. (3) Every modification made under this section shall be published in such manner as the Board may specify and the modifications shall come into operation either on the date of such publication or on such later date as the Board may fix. (4) If any question arises whether the modifications proposed to be made are modifications which effect important alterations in the character of the Regional Plan or whether they relate to the extent of land-uses or the standards of population density, it shall be decided by the Board whose decision thereon shall be final. **15. Review and revision of the Regional Plan.—(1) After every five years from the date of coming** into operation of the finally prepared Regional Plan, the Board shall review such Regional Plan in its entirety and may, after such review, substitute it by a fresh Regional Plan or may make such modifications or alterations therein as may be found by it to be necessary. (2) Where it is proposed to substitute a fresh Regional Plan in place of the Regional Plan which was previously finally prepared or where it is proposed to make any modifications or alterations in the finally prepared Regional Plan, such fresh Plan or, as the case may be, modifications or alterations, shall be published and dealt with in the same manner as if it were the Regional Plan referred to in sections 12 and 13 or as if they were the modifications or alterations in the Regional Plan made under section 14. CHAPTER V FUNCTIONAL PLANS, SUB-REGIONAL PLANS AND PROJECT PLANS **16. Preparation of Functional Plans.—After the Regional Plan has come into operation, the Board** may prepare, with the assistance of the Committee, as many Functional Plans as may be necessary for the proper guidance of the participating States and of the Union territory. **17. Preparation of Sub-Regional Plans.—(1) Each participating State shall prepare a Sub-Regional** Plan for the sub-region within the State and the Union territory shall prepare a Sub-Regional Plan for the sub-region within the Union territory. 7 ----- (2) Each Sub-Regional Plan shall be a written statement and shall be accompanied by such maps, diagrams, illustrations and descriptive matters as the participating State or the Union territory may deem appropriate for the purpose of explaining or illustrating the proposals contained in such Sub-Regional Plan and every such map, document, illustration and descriptive matter shall be deemed to be a part of the Sub-Regional Plan. (3) A Sub-Regional Plan may indicate the following elements to elaborate the Regional Plan at the sub-regional level, namely:— (a) reservation of areas for specific land-uses which are of the regional or sub-regional importance; (b) future urban and major rural settlements indicating their area, projected population, predominant economic functions, approximate site and location; (c) road net-work up to the district roads and roads connecting major rural settlements; (d) proposals for the co-ordination of traffic and transportation, including terminal facilities; (e) priority areas at sub-regional level for which immediate plans are necessary; (f) proposals for the supply of drinking water and for drainage; and (g) any other matter which is necessary for the proper development of the sub-region. **18. Preparation of Project Plans.—A participating State, or the Union territory, may, by itself or in** collaboration with one or more of the participating States or the Union territory, as the case may be, prepare Project Plans for one or more elements of the Regional Plan, Functional Plan or Sub-Regional Plan. **19. Submission of Sub-Regional Plans to the Board.—(1) Before publishing any Sub-Regional** Plan, each participating State or, as the case may be, the Union territory, shall, refer such Plan to the Board to enable the Board to ensure that such Plan is in conformity with the Regional Plan. (2) The Board shall, after examining a Sub-Regional Plan, communicate, within sixty days from the date of receipt of such Plan, its observations with regard to the Sub-Regional Plan to the participating State or the Union territory by which such Plan was referred to it. (3) The participating State, or, as the case may be, the Union territory, shall, after due consideration of the observations made by the Board, finalise the Sub-Regional Plan after ensuring that it is in conformity with the Regional Plan. **20. Implementation of Sub-Regional Plans, etc.—Each participating State, or, as the case may be,** the Union territory shall be responsible for the implementation of the Sub-Regional Plan, as finalised by it under sub-section (3) of section 19, and Project Plans prepared by it. CHAPTER VI FINANCE, ACCOUNTS AND AUDIT **21. Grants and loans by the Central Government.—(1) The Central Government may, after due** appropriation made by Parliament by law in this behalf, make to the Board grants and loans of such sums of money as that Government may consider necessary to enable the Board to carry out its functions under this Act. (2) The Central Government shall also, after due appropriation made by Parliament by law in this behalf, pay to the Board such other sums as may be necessary for meeting the salaries, allowances and other remuneration of the Member-Secretary, officers and other employees of the Board and such amounts as may be necessary to meet the other administrative expenses of the Board. **22. Constitution of the Fund.—(1) There shall be constituted a Fund to be called the National** Capital Regional Planning Board Fund and there shall be credited thereto— (a) any grants and loans made to the Board by the Central Government under section 21; 8 ----- (b) all sums paid to the Board by the participating States and the Union territory; and (c) all sums received by the Board from such other sources as may be decided upon by the Central Government in consultation with the participating States and the Union territory. (2) The sums credited to the said Fund referred to in sub-section (1) shall be applied for— (a) meeting the salaries, allowances and other remuneration of the Member-Secretary, officers and other employees of the Board and for meeting other administrative expenses of the Board, so, however, that the total expenses shall not exceed the amount appropriated for this purpose under sub-section (2) of section 21; (b) conducting surveys, preliminary studies and drawing up of plans for the National Capital Region; (c) providing financial assistance to the participating States and the Union territory for the implementation of Sub-Regional Plans and Project Plans; and (d) providing financial assistance to the State concerned for the development of the counter-magnet area subject to such terms and conditions as may be agreed upon between such State and the Board. **23. Budget.—The Board shall, in each financial year, prepare in such form and at such time as may** be prescribed its budget for the next financial year and forward the same to the Central Government at least three months prior to the commencement of the next financial year. **24. Annual report.—The Board shall prepare in each financial year its annual report in such form** and at such time as may be prescribed, giving a full account of its activities during the financial year immediately preceding the financial year in which such report is prepared and forward, before such date as may be prescribed, copies thereof to the Central Government, the participating States and the Union territory. **25. Accounts and audit.—The accounts of the Board shall be maintained and audited in such manner** as may be prescribed in consultation with the Comptroller and Auditor-General of India and the Board shall furnish, to the Central Government, before such date as may be prescribed, a copy of its audited accounts together with the auditors’ report thereon. **26. Annual report and auditors’ report to be laid before Parliament.—The Central Government** shall cause the annual report and the auditors’ report to be laid as soon as may be after their receipt, on the Table of 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 more successive sessions. CHAPTER VII MISCELLANEOUS **27. 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. **28. Power of the Central Government to give directions.—The Central Government may, from** time to time, give such directions to the Board as it may think fit for the efficient administration of this Act and when any such direction is given, the Board shall carry out such directions. **29. Violation of Regional Plan.—(1) On and from the coming into operation of the finally published** Regional Plan, no development shall be made in the region which is inconsistent with the Regional Plan as finally published. (2) Where the Board is satisfied that any participating State or the Union territory has carried out, or is carrying out, any activity which amounts to a violation of the Regional Plan, it may, by a notice in writing, direct the concerned participating State or the Union territory, as the case may be, to stop such violation of the Regional Plan within such time as may be specified in the said notice and in case of any 9 ----- omission or refusal on the part of the concerned participating State or the Union territory to stop activity, withhold such financial assistance to the concerned participating State or the Union territory, as the Board may consider necessary. **30. Technical assistance to the Board.—(1) The Central Government may direct its Town and** Country Planning Organisation to provide, on such terms and conditions as may be mutually agreed upon, such technical assistance to the Board as that Government may consider necessary and the Government of a participating State may direct the Town Planning Department of that Government to make such technical assistance to the Board as that Government may consider necessary. (2) With a view to enabling the Committee to discharge its functions, the Board shall, out of the technical assistance received by it under sub-section (1) make available to the Committee such technical assistance as the Committee may require. **31. Officers and employees of the Board.—(1) The Board may appoint such other officers and** employees as it considers necessary for the efficient discharge of its functions under this Act. (2) The terms and conditions of the officers and employees of the Board shall be such as may be determined by regulations. **32. Power to delegate.—The Board may, by notification in the Official Gazette, direct that any** function or power (other than the power to approve the Regional Plan and to make regulations), or duty which the Board may perform, exercise or discharge under this Act shall subject to such conditions, if any, as may be specified in the notification, be performed, exercised or discharged also by such person or persons as may be specified in the notification and where any such delegation of power is made the person or persons to whom such power is delegated shall perform, exercise or discharge those powers in the same manner and to the same extent as if they were conferred on him or them directly by this Act and not by way of delegation. **33. Power of entry.—Subject to any rules made in this behalf, any person generally or specially** authorised by the Board in this behalf, may, at all reasonable times, enter upon any land or premises and do such things thereon as may be necessary for the purpose of lawfully carrying out any works or for making any survey, examination or investigation, preliminary or incidental to the exercise of any power or performance of any function by the Board under this Act: Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling-house without previously giving the occupier thereof at least three days’ notice in writing of his intention to do so. **34. Member-Secretary, officers and other employees of the Board to be public servants.—The** Member-Secretary, officers and other 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). **35. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Board or any member or any officer or any other employee of the Board including any other person authorised by the Board to exercise any power or to discharge any function under this Act, or for anything which is in good faith done or intended to be done under this Act. **36. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the composition and number of the members of the Board and of the Committee, as required by sub-section (3) of section 3 and sub-section (2) of section 4, respectively, to be prescribed; (b) the terms and conditions of the office of the members as required by sub-section (4) of section 3, to be prescribed; 10 ----- (c) the form and manner in which notice under sub-section (1) of section 12 and sub-section (2) of section 14 shall be published; (d) the manner in which notice under sub-section (1) of section 13 shall be published; (e) the form in which and the time at which the Board shall prepare its budget under section 23 and its annual report under section 24 and the manner in which the accounts of the Board shall be maintained and audited under section 25; (f) the conditions and restrictions with respect to the exercise of the powers to enter under section 33 and other matters relating thereto; and (g) any other matters which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules. **37. 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 made thereunder to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner in which and the purposes for which the Board may associate with itself any person under section 11; (b) the terms and conditions of service of the officers and employees of the Board under sub-section (2) of section 31; and (c) any other matter in respect of which provision is to be, or may be, made by regulations. **38. 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. **39. Dissolution of the Board.—(1) Where the Central Government is satisfied that the purposes for** which the Board was established under this Act have been substantially achieved or the Board has failed in its objectives, so as to render the continued existence of the Board in the opinion of the Central Government unnecessary, that Government may, by notification in the Official Gazette, declare that the Board shall be dissolved with effect from such date as may be specified in the notification; and the Board shall be deemed to be dissolved accordingly. (2) From the said date— (a) all properties, funds and dues which are vested in or realisable by the Board shall vest in, or be realisable by, the Central Government; (b) all liabilities which are enforceable against the Board shall be enforceable against the Central Government; (c) for the purpose of carrying out any development which has not been fully carried out by the Board and for the purpose of realising properties, funds and dues referred to in clause (a) the functions of the Board shall be discharged by the Central Government. (3) Nothing in this section shall be construed as preventing the Central Government from reconstituting the Board in accordance with the provisions of this Act. 11 ----- **40. Acquisition of land and determination of rights in relation to land to be made by the** **Government of the participating State or Union territory.—For the removal of doubts, it is hereby** declared that the acquisition of land or the determination of any right or interest in, or in relation to, any land or other property, where necessary to give effect to any Regional Plan, Functional Plan, Sub-Regional Plan or Project Plan, shall be made by the Government of the concerned participating State, or, as the case may be, the Union territory, in accordance with the law for the time being in force in that State or Union territory. **41. Repeal and saving.—(1) The National Capital Region Planning Board Ordinance,** 1984 (Ord. 11 of 1984), 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. 12 ----- THE SCHEDULE [See section 2(f)] The National Capital Region shall comprise the following areas:— _1. Delhi_ The whole of the Union territory of Delhi. _2. Haryana_ (i) The whole of District of Gurgaon comprising the Tehsils of Gurgaon, Nuh and Ferozepur-Jhirka; (ii) The whole of District of Faridabad comprising the Tehsils of Ballabgarh, Palwal and Hathin; (iii) The whole of District of Rohtak comprising the Tehsils of Rohtak, Jhajjar, Bahadurgarh, Meham and Kosli; (iv) The whole of District of Sonepat comprising the Tehsils of Sonepat and Gohana; and (v) Panipat Tehsil of District of Karnal and Rewari Tehsil of District of Mohindergarh. _3. Uttar Pradesh_ (i) The whole of District of Bulandshahr comprising the Tehsils of Anupshahr, Bulandshahr, Khurja and Sikanderabad; (ii) The whole of District of Meerut comprising the Tehsils of Meerut, Bagpat, Mawana and Sardhana; and (iii) The whole of District of Ghaziabad comprising the Tehsils of Ghaziabad and Hapur. _4. Rajasthan_ (i) The whole of the following Tehsils of Alwar District, namely, Behroor, Mandawar, Kishangarh and Tijara; and (ii) Part of Alwar Tehsil comprising the area bounded in the north by the Tehsil boundaries of Mandawar and Kishangarh, in the east of the boundaries of Tehsil Ferozepur-Jhirka of District Gurgaon, Haryana and Alwar Tehsil, in the south by the Barah river right up to Umran lake in the west, and then following the southern boundaries of Umran lake up to the junction of Umran lake and State Highway from Alwar to Bairat and from then on west by north-west across the ridge up to the junction of the Tehsil boundaries of Alwar and Bansur. _Explanation.—Save as otherwise provided, reference to any district or tehsil in this Schedule shall be_ construed as a reference to the areas comprised in that district or tehsil, as the case may be, on the 27th day of August, 1984, being the date on which the National Capital Region Planning Board Bill, 1984 was introduced in the House of the People. 13 -----

16-Feb-1985

10

The Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1866/1/A1985-10.pdf

central

# THE CALCUTTA METRO RAILWAY (OPERATION AND MAINTENANCE) # TEMPORARY PROVISIONS ACT, 1985 # _____________ # ARRANGEMENT OF SECTIONS # __________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, commencement and application. 2. Definitions. CHAPTER II THE CALCUTTA METRO RAILWAY ADMINISTRATION 3. Calcutta metro railway administration to be responsible for the operation and maintenance of the metro railway. 4. Previous sanction of the Central Government required for the opening of metro railway. CHAPTER III SPECIAL PROVISIONS FOR THE RUNNING OF THE METRO RAILWAY 5. Carriage of goods. 6. Reservation of compartments for females not necessary. 7. Dangerous or offensive goods. 8. Penalty for taking or causing to take offensive or dangerous goods upon the metro railway. 9. Smoking in compartments, etc. 10. Drunkenness or nuisance upon the metro railway. 11. Prohibition of demonstrations upon the metro railway. 12. Penalty for travelling on roof, etc., of a train. 13. Penalty for unlawfully entering or remaining upon the metro railway or walking on the metro railway line. 14. Endangering the safety of passengers. 15. Abandoning train, etc., without authority. 16. Obstructing running of trains, etc. 17. Offences by companies. CHAPTER IV MISCELLANEOUS 18. Application of Act 9 of 1890 and the rules, etc., made thereunder to the metro railway. 19. Effect of Act and rules, etc., inconsistent with other enactments. 20. Protection of action taken in good faith. 21. Power to remove difficulties. 22. Power to make rules. 23. Repeal and saving. 1 ----- # THE CALCUTTA METRO RAILWAY (OPERATION AND MAINTENANCE) # TEMPORARY PROVISIONS ACT, 1985 # ACT NO. 10 OF 1985 [16[th] February, 1985.] # An Act to make temporary provisions for the operation and maintenance of the Calcutta metro railway and for matters connected therewith, pending the making of regular arrangements for such operation and maintenance. BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, commencement and application.—(1) This Act may be called the Calcutta Metro** Railway (Operation and Maintenance) Temporary Provisions Act, 1985. (2) It shall be deemed to have come into force on the 22nd day of October, 1984. (3) It shall apply to the metropolitan city of Calcutta. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “Calcutta metro railway administration” or “metro railway administration” means the General Manager of the metro railway appointed under section 3 of the Construction Act; (b) “commissioner” means a commissioner of the metro railway appointed under section 27 of the Construction Act; (c) “Construction Act” means the Metro Railways (Construction of Works) Act, 1978 (33 of 1978); (d) “metro railway” means such portion of the metro railway constructed in the metropolitan city of Calcutta under the provisions of the Construction Act as may, for the time being, be available for public carriage of passengers, and includes— (i) all land within the boundary marks indicating the limits of the land appurtenant to the metro railway; (ii) all lines of rails, sidings, yards or branches worked over for the purposes of, or in connection with, the metro railway; (iii) 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, the metro railway; (e) “prescribed” means prescribed by rules made under this Act. (2) All other words and expressions used herein and not defined but defined in the Indian Railways Act, 1890 (9 of 1890), or the Metro Railways (Construction of Works) Act, 1978 (33 of 1978), shall have the meanings, respectively, assigned to them in those Acts. CHAPTER II THE CALCUTTAMETRO RAILWAY ADMINISTRATION **3. Calcutta metro railway administration to be responsible for the operation and maintenance** **of the metro railway.—(1) Subject to the other provisions of this Act, the Calcutta metro railway** administration shall be responsible for the operation and maintenance of the metro railway. (2) The Calcutta metro railway administration may, for the efficient performance of its functions under this Act, appoint such officers and other employees as it considers necessary on such terms and conditions of service as may be prescribed. 2 ----- **4. Previous sanction of the Central Government required for the opening of metro railway.—(1)** No metro railway shall be opened for the public carriage of passengers except with the previous sanction of the Central Government. (2) Before giving its sanction under sub-section (1), the Central Government shall, after considering the report given (whether before or after the commencement of this Act) by the commissioner under clause (a) of sub-section (2) of section 27 of the Construction Act and other relevant factors, satisfy itself that the metro railway can be opened without danger to the public using it. (3) A sanction given under this section may be either absolute or subject to such conditions as the Central Government thinks necessary for the safety of the public. (4) Where any sanction for the opening of the metro railway under this section is given subject to any conditions, such railway shall not be worked or used until such conditions are fulfilled to the satisfaction of the Central Government. CHAPTER III SPECIAL PROVISIONS FOR THE RUNNING OF THE METRO RAILWAY **5. Carriage of goods.—(1) No person shall, while travelling in the metro railway, carry with him any** goods other than a small baggage containing personal belongings not exceeding such volume and weight as may be prescribed. (2) Where any person travels in the metro railway in contravention of the provisions of sub-section (1), he shall, notwithstanding that he holds a valid pass or ticket for any travel in such railway, be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf or by any other person whom such metro railway official may call to his aid. **6. Reservation of compartments for females not necessary.—It shall not be necessary for the** metro railway administration to reserve any compartment in any train for the exclusive use of females. **7. Dangerous or offensive goods.—(1) No person shall take or cause to be taken any dangerous or** offensive goods upon the metro railway. (2) If any metro railway official has reason to believe that any such goods are contained in a package in the custody of any passenger, he may cause the package to be opened for the purpose of ascertaining its contents. **8. Penalty for taking or causing to take offensive or dangerous goods upon the metro railway.—** (1) If, in contravention of sub-section (1) of section 7, a person takes or causes to be taken any offensive goods upon the metro railway, he shall be punishable with fine which may extend to five hundred rupees. (2) If, in contravention of sub-section (1) of section 7, a person takes or causes to be taken any dangerous goods upon the metro railway, he shall be punishable with imprisonment for a term which may extend to four years and with fine which may extend to five thousand rupees. (3) In addition to the penalties specified in sub-section (1) or sub-section (2), a person taking or causing to be taken any offensive goods or dangerous goods upon the metro railway shall be responsible also for any loss, injury or damage which may be caused by reason of such goods having been so brought upon the metro railway. **9. Smoking in compartments, etc.—(1) No person shall smoke in any compartment or carriage of** the metro railway or in any underground metro railway station. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees. (3) If any person persists in so smoking after being warned by any metro railway official to desist, he may, in addition to incurring the liability mentioned in sub-section (2), be removed from the compartment 3 ----- or carriage in which he is travelling or from the underground station at which he may be found smoking by any metro railway official authorised by the metro railway administration in this behalf. **10. Drunkenness or nuisance upon the metro railway.—(1) If any person,—** (a) is in a state of intoxication; or (b) commits any nuisance or act of indecency, or uses obscene or abusive language; or (c) wilfully or without excuse interferes in any way with the comfort of any passenger, in any carriage or upon any part of the metro railway, he shall be punishable with fine which may extend to two hundred and fifty rupees and shall also be liable to forfeiture of the fare which he may have paid or any pass or ticket which he may have obtained or purchased, or be removed from such carriage or part by any metro railway official authorised by the metro railway administration in this behalf. (2) If any metro railway official is in a state of intoxication while on duty, he shall be punishable with fine which may extend to two hundred and fifty rupees, or, where the improper performance of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both. **11. Prohibition of demonstrations upon the metro railway—(1) No demonstration of any kind** whatsoever shall be held on any part of the metro railway or other premises thereof and it shall be open to the metro railway administration to exclude from such premises any person attending such demonstrations whether or not he is in possession of a pass or ticket entitling him to be in the said premises. (2) No person shall paste or put up any poster or write or draw anything or matter in any compartment or carriage of the metro railway, or any premises thereof, without any lawful authority and any person found engaged in doing any such act may be removed from the compartment, carriage or premises by any metro railway official authorised by the metro railway administration in this behalf. (3) Whoever contravenes any of the provisions of sub-section (1) or sub-section (2), or being asked by any metro railway official to leave any compartment, carriage or premises refuses to do so, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. **12. Penalty for travelling on roof, etc., of a train.—If any passenger travels on the roof of a train or** persists in travelling in any part of a train not intended for the use of passengers or projects any part of his body out of a train after being warned by any metro railway official to desist, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both, and shall also be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf. **13. Penalty for unlawfully entering or remaining upon the metro railway or walking on the** **metro railway line.—(1) If a person enters into or upon the metro railway without any lawful authority** or having entered with lawful authority remains there unlawfully and refuses to leave on being requested to do so by any metro railway official, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. (2) If any person walks on the metro railway line without any lawful authority, he shall 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. **14. Endangering the safety of passengers.—If any metro railway official, when on duty, endangers** the safety of any passenger,— (a) by any rash or negligent act or omission; or (b) by disobeying any rule or order which such official was bound by the terms of his employment to obey, and of which he had notice, 4 ----- he shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to six thousand rupees, or with both. **15. Abandoning train, etc., without authority.—If any metro railway official, when on duty, is** entrusted with any responsibility connected with the running of a train, or any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place, without authority or without properly handing over such train or rolling stock to another authorised metro railway official, he shall be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both. **16. Obstructing running of trains, etc.—If any person obstructs or causes to be obstructed or** attempts to obstruct any train or other rolling stock upon the metro railway by squatting, picketing, or keeping without authority any rolling stock on the metro railway or tampering with any signalling installations or by interfering with the working mechanism thereof, or otherwise, he shall be liable to be removed by any metro railway official authorised by the metro railway administration in this behalf and shall also be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both. **17. 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. CHAPTER IV MISCELLANEOUS **18. Application of Act 9 of 1890 and the rules, etc., made thereunder to the metro railway.—** Save as otherwise expressly provided in this Act, the provisions of the Indian Railways Act, 1890, and the rules, orders or notifications made or issued thereunder shall, so far as may be, and subject to such modifications as may be necessary, apply to the operation and maintenance of the metro railway, as if such metro railway were a railway as defined under that Act, and the references to “railway administration” and “inspector” in that Act shall be construed as references to the “metro railway administration” and “commissioner” respectively. **19. 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. **20. 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 administration for anything which is in good faith done or intended to be done under this Act. 5 ----- (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 administration 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. **21. 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 be made after the expiry of a period of two years from the commencement of this Act. **22. 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 the following matters, namely:— (a) the terms and conditions of service of the officers and other employees of the metro railway administration under sub-section (2) of section 3; (b) the cases in which and the extent to which the procedure specified in section 4 for the opening of the metro railway for public carriage of passengers may be dispensed with; (c) the volume and weight of the baggage containing personal belongings that may be carried by a person while travelling in the metro railway; (d) 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. **23. Repeal and saving.—(1) The Calcutta Metro Railway (Operation and Maintenance) Temporary** Provisions Ordinance, 1984 (13 of 1984), 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. 6 -----

27-Feb-1985

13

The Administrative Tribunals Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1832/1/AA1985__13admin.pdf

central

# THE ADMINISTRATIVE TRIBUNALS ACT, 1985 ________ ARRANGEMENT OF SECTIONS Last updated: 20-9-2021 CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Act not to apply to certain persons. 3. Definitions. CHAPTER II ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF 4. Establishment of Administrative Tribunals. 5. Composition of Tribunals and Benches thereof. 6. Qualifications for appointment as Chairman, Vice-Chairman and other Members. 7. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances. 8. Term of office. 9. Resignation and removal. 10. Salaries and allowances and other terms and conditions of service of Chairman, and other Members. 10A. Saving terms and conditions of service of Vice-Chairman. 10B. Qualifications, terms and conditions of service of Chairman and Member. 11. Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc. 12. Financial and administrative powers of the Chairman. 13. Staff of the Tribunal. CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS 14. Jurisdiction, powers and authority of the Central Administrative Tribunal. 15. Jurisdiction, powers and authority of State Administrative Tribunals. 16. Jurisdiction, powers and authority of a Joint Administrative Tribunal. 17. Power to punish for contempt. 18. Distribution of business amongst the Benches. CHAPTER IV PROCEDURE 19. Applications to tribunals. 20. Applications not to be admitted unless other remedies exhausted. 21. Limitation. 22. Procedure and powers of Tribunals. 23. Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers. 24. Conditions as to making of interim orders. 25. Power of Chairman to transfer cases from one Bench to another. 26. Decision to be by majority. 1 ----- SECTIONS 27. Execution of orders of a Tribunal. CHAPTER V MISCELLANEOUS 28. Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the Constitution. 29. Transfer of pending cases. 29A. Provision for filing of certain appeals. 30. Proceedings before a Tribunal to be judicial proceedings. 31. Members and staff of Tribunal to be public servants. 32. Protection of action taken in good faith. 33. Act to have overriding effect. 34. Power to remove difficulties. 35. Power of the Central Government to make rules. 36. Power of the appropriate Government to make rules. 36A. Power to make rules retrospectively. 37. Laying of rules. 2 ----- # THE ADMINISTRATIVE TRIBUNALS ACT, 1985 ACT NO. 13 OF 1985 [27th February, 1985.] # An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of [1][any corporation or society owned or controlled by the Government in pursuance of article 323A of the Constitution] and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follow:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Administrative** Tribunals Act, 1985. (2) It extends,— (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India; 2* - - - *. (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date[3] as the Central Government may, by notification, appoint. (4) The provisions of this Act, in so far as they relate to an Administrative Tribunal for a State, shall come into force in a State on such date as the Central Government may, by notification, appoint. **2. Act not to apply to certain persons.—The provisions of this Act shall not apply to—** (a) any member of the naval, military or air forces or of any other armed forces of the Union; 4* - - - (c) any officer or servant of the Supreme Court or of any High Court [5][or courts subordinate thereto]; (d) any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union territory having a Legislature, of that Legislature. **3. Definitions.—In this Act, unless the context otherwise requires,—** 6[(a) _“Administrative Member” means a Member of a Tribunal who is not a Judicial Member_ within the meaning of clause (i);] 7[(aa)] “Administrative Tribunal”, in relation to a State, means the Administrative Tribunal for the State or, as the case may be, the Joint Administrative Tribunal for that State and any other State or States; (b) “application” means an application made under section 19; 1. Subs. by Act 19 of 1986, s. 2, for “any corporation owned or controlled by the Government” (w.e.f. 22-1-1986). 2. Clause (b) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 3. 1st July, 1985, _vide notification No. G.S.R. 527(E), dated by 1st July, 1985,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 4. Clause (b) omitted by Act 19 of 1986, s. 3 (w.e.f. 1-11-1985). 5. Ins. by Act 51 of 1987, s. 2 (w.e.f.22-12-1987). 6. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 7. Clause (a) re-lettered as clause (aa) thereof by s. 4, ibid. (w.e.f. 22-1-1986). 3 ----- (c) “appointed day”, in relation to a Tribunal, means the date with effect from which it is established, by notification, under section 4; (d) “appropriate Government” means,— (i) in relation to the Central Administrative Tribunal or a Joint Administrative Tribunal, the Central Government; (ii) in relation to a State Administrative Tribunal, the State Government; (e) “Bench” means a Bench of a Tribunal; (f) “Central Administrative Tribunal” means the Administrative Tribunal established under sub-section (1) of section 4; (g) “Chairman” means the Chairman of a Tribunal; (h) “Joint Administrative Tribunal” means an Administrative Tribunal for two or more States established under sub-section (3) of section 4; 1[(i) “Judicial Member” means a Member of a Tribunal appointed as such under this Act, and includes [2][the Chairman] who possesses any of the qualifications specified in sub-section (3) of section 6; (ia) “Member” means a Member (whether Judicial or Administrative) of a Tribunal, and includes the Chairman [3]***;] (j) “notification” means a notification published in the Official Gazette; (k) “post” means a post within or outside India; (l) “prescribed” means prescribed by rules made under this Act; (m) “President” means the President of India; 4* - - - (o) “rules” means rules made under this Act; (p) “service” means service within or outside India; (q) “service matters”, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation [5][or society] owned or controlled by the Government, as respects— (i) remuneration (including allowances), pension and other retirement benefits; (ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever; (r) “service rules as to redressal of grievances”, in relation to any matter, means the rules, regulations, orders or other instruments or arrangements as in force for the time being with respect to redressal, otherwise than under this Act, of any grievances in relation to such matters; 1. Subs. by Act 19 of 1986, s. 4, for clause (i) (w.e.f. 22-1-1986). 2. Subs. by Act 1 of 2007, s. 2, for “the Chairman or a Vice-Chairman” (w.e.f. 19-2-2007). 3. The words “and a Vice-Chairman” omitted by s. 2, ibid. (w.e.f. 19-2-2007). 4. Clause (n) omitted by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 5. Ins. by s. 4, ibid. (w.e.f. 22-1-1986). 4 ----- 1[(rr) “society” means a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State;] (s) “Supreme Court” means the Supreme Court of India; (t) “Tribunal” means the Central Administrative Tribunal or a State Administrative Tribunal or a Joint Administrative Tribunal; 2[(u) “Vice-Chairman” means a Member who has been authorised by the appropriate Government to perform administrative functions at each of the places where Benches of the Tribunal have been set up.] _Explanation.—In the case of a Tribunal having two or more Vice-Chairmen, references to the_ Vice-Chairman in this Act shall be construed as a reference to each of those Vice-Chairmen. CHAPTER II ESTABLISHMENT OF TRIBUNALS AND BENCHES THEREOF **4. Establishment of Administrative Tribunals.—(1) The Central Government shall, by notification,** establish an Administrative Tribunal, to be known as the Central Administrative Tribunal, to exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act. (2) The Central Government may, on receipt of a request in this behalf from any State Government, establish, by notification, an Administrative Tribunal for the State to be known as the.......(name of the State) Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for the State by or under this Act. (3) Two or more States may, notwithstanding anything contained in sub-section (2) and notwithstanding that any or all of those States has or have Tribunals established under that sub-section, enter into an agreement that the same Administrative Tribunal shall be the Administrative Tribunal for each of the States participating in the agreement, and if the agreement is approved by the Central Government and published in the Gazette of India and the Official Gazette of each of those States, the Central Government may, by notification, establish a Joint Administrative Tribunal to exercise the jurisdiction, powers and authority conferred on the Administrative Tribunals for those States by or under this Act. (4) An agreement under sub-section (3) shall contain provisions as to the name of the Joint Administrative Tribunal, the manner in which the participating States may be associated in the selection of the [3][Chairman and other Members] of the Joint Administrative Tribunal, the places at which the Bench or Benches of the Tribunal shall sit, the apportionment among the participating States of the expenditure in connection with the Joint Administrative Tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient for giving effect to the agreement. 4[(5) Notwithstanding anything contained in the foregoing provisions of this section or sub-section (1) of section 5, the Central Government may,— (a) with the concurrence of any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the State Administrative Tribunal established for that State under sub-section (2) as Members of the Bench or Benches of the Central Administrative Tribunal in respect of that State and the same shall exercise the jurisdiction, powers and authority conferred on the Central Administrative Tribunal by or under this Act; (b) on receipt of a request in this behalf from any State Government, designate, by notification, all or any of the Members of the Bench or Benches of the Central Administrative Tribunal functioning in that State as the Members of the Bench or Benches of the State Administrative 1. Ins. by Act 19 of 1986, s. 4 (w.e.f. 22-1-1986). 2. Subs. by Act 1 of 2007, s. 2, for clause (u) (w.e.f. 19-2-2007). 3. Subs. by s. 3, ibid., for “Chairman, Vice-Chairman and other Members” (w.e.f. 19-2-2007). 4. Ins. by Act 19 of 1986, s. 5 (w.e.f. 22-1-1986). 5 ----- Tribunal for that State and the same shall exercise the jurisdiction, powers and authority conferred on the Administrative Tribunal for that State by or under this Act, and upon such designation, the Bench or Benches of the State Administrative Tribunal or, as the case may be, the Bench or Benches of the Central Administrative Tribunal shall be deemed, in all respects, to be the Central Administrative Tribunal, or the State Administrative Tribunal for that State established under the provisions of article 323A of the Constitution and this Act. (6) Every notification under sub-section (5) shall also provide for the apportionment between the State concerned and the Central Government of the expenditure in connection with the Members common to the Central Administrative Tribunal and the State Administrative Tribunal and such other incidental and consequential provisions not inconsistent with this Act as may be deemed necessary or expedient.] **5. Composition of Tribunals and Benches thereof.—(1) Each Tribunal shall consist of** 1[a Chairman and such number of Judicial and Administrative Members] as the appropriate Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof. 2[(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.] 3* - - - (4) Notwithstanding anything contained in sub-section (1), [4]*** the Chairman— 5[(a) may, in addition to discharging the functions of the Judicial Member or the Administrative Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Administrative Member, of any other Bench;] (b) may transfer [6][a Member] from one Bench to another Bench; 7[(c) may authorise 8[the Judicial Member] or the Administrative Member appointed to one Bench to discharge also the functions of [9][the Judicial Member or the Administrative Member, as the case may be] of another Bench; and] (d) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the Central Government in this behalf, to be decided by a Bench composed of more than [10][two members], issue such general or special orders, as he may deem fit. 11[Provided that every Bench constituted in pursuance of this clause shall include at least one Judicial Member and one Administrative Member.] 12* - - - (6) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as 13[a Bench] consisting of a single Member and exercise the jurisdiction, powers and authority of the 1. Subs. by Act 1 of 2007, s. 4, for “a Chairman and such number of Vice-Chairman and Judicial and Administrative Members” (w.e.f 19-2-2007). 2. Subs. by Act 19 of 1986, s. 6, for sub-section (2) (w.e.f. 1-11-1985). 3. Sub-section (3) omitted by s. 6, ibid. (w.e.f. 1-11-1985). 4. The words, brackets and figure “or sub-section (3)” omitted by s. 6, ibid. (w.e.f.1-11-1985). 5. Subs. by s. 6, ibid., for clause (a) (w.e.f. 1-11-1985). 6. Subs. by Act 1 of 2007, s. 4, for “the Vice-Chairman or other Members” (w.e.f. 19-2-2007). 7. Subs. by Act 19 of 1986, s. 6, for clause (c) (w.e.f. 1-11-1985). 8. Subs. by Act 1 of 2007, s. 4, for “the Vice-Chairman or the Judicial Member” (w.e.f. 19-2-2007). 9. Subs. by s. 4, _ibid., for “the Vice-Chairman or, as the case may be, the Judicial Member or the Administrative Member”_ (w.e.f. 19-2-2007). 10. Subs. by Act 19 of 1986, s. 6, for “three Members” (w.e.f. 1-11-1985). 11. Ins. by s. 6, ibid. (w.e.f. 1-11-1985). 12. Sub-section (5) omitted by s. 6, ibid. (w.e.f. 1-11-1985). 13. Subs. by s. 6, ibid., for “an additional Bench” (w.e.f. 1-11-1985). 6 ----- Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may by general or special order specify: Provided that if at any stage of the hearing of any such case or matter it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of 1[two members], the case or matter may be transferred by the Chairman or, as the case may be, referred to him for transfer to, such Bench as the Chairman may deem fit. 2[(7) Subject to the other provisions of this Act, the Benches of the Central Administrative Tribunal shall ordinarily sit at New Delhi (which shall be known as the principal Bench), Allahabad, Calcutta, Madras, New Bombay and at such other places as the Central Government may, by notification, specify. (8) Subject to the other provisions of this Act, the places at which the principal Bench and other Benches of a State Administrative Tribunal shall ordinarily sit shall be such as the State Government may, by notification, specify.] **3[6.** **Qualifications** **for** **appointment** **as** **Chairman,** **Vice-Chairman** **and** **other** **members.—(1) A person shall not be qualified for appointment as the Chairman unless he is, or has been,** a Judge of a High Court: Provided that a person appointed as Vice-Chairman before the commencement of this Act shall be qualified for appointment as Chairman if such person has held the office of the Vice-Chairman at least for a period of two years. (2) A person shall not be qualified for appointment,— (a) as an Administrative Member, unless he has held for at least two years the post of Secretary to the Government of India or any other post under the Central or State Government and carrying the scale of pay which is not less than that of a Secretary to the Government of India for at least two years or held a post of Additional Secretary to the Government of India for at least five years or any other post under the Central or State Government carrying the scale of pay which is not less than that of Additional Secretary to the Government of India at least for a period of five years: Provided that the officers belonging to All-India services who were or are on Central deputation to a lower post shall be deemed to have held the post of Secretary or Additional Secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of Secretary or Additional Secretary, as the case may be, and the period spent on Central deputation after such date shall count for qualifying service for the purposes of this clause; (b) as a Judicial Member, unless he is or qualified to be a Judge of a High Court or he has for at least two years held the post of a Secretary to the Government of India in the Department of Legal Affairs or the Legislative Department including Member-Secretary, Law Commission of India or held a post of Additional Secretary to the Government of India in the Department of Legal Affairs and Legislative Department at least for a period of five years. (3) The Chairman and every other Member of the Central Administrative Tribunal shall be appointed after consultation with the Chief Justice of India by the President. (4) Subject to the provision of sub-section (3), the Chairman and every other Member of an Administrative Tribunal for a State shall be appointed by the President after consultation with the Governor of the concerned State. (5) The Chairman and every other Member of a Joint Administrative Tribunal shall, subject to the provisions of sub-section (3) and subject to the terms of the agreement between the participating State Governments published under sub-section (3) of section 4 of the principal Act, be appointed by the President after consultation with the Governors of the concerned States. 1. Subs. by Act 19 of 1986, s. 6, for “three Members” (w.e.f. 1-11-1985). 2. Subs. by s. 6, ibid., for sub-section (7) (w.e.f. 1-11-1985). 3. Subs. by Act 1 of 2007, s. 5, for section 6 (w.e.f. 19-2-2007). 7 ----- _Explanation.—In computing for the purpose of this section, the period during which a person has held_ any post under the Central or State Government, there shall be included the period during which he has held any other post under the Central or State Government (including an office under this Act) carrying the same scale of pay as that of first mentioned post on a higher scale of pay.] **7. Vice-Chairman to act as Chairman or to discharge his functions in certain** **circumstances.—(1) In the event of the occurrance of any vacancy in the office of the Chairman by** reason of his death, resignation or otherwise, [1][such one of the Members] as the appropriate Government may, by notification, authorise in this behalf, 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. (2) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, the Vice-Chairman or, as the case may be, such one of the Vice-Chairmen as the appropriate Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties. 2[8. Term of office.—(1) The Chairman shall hold office as such for a term of five years from the date on which he enters upon his office: Provided that no Chairman shall hold office as such after he has attained the age of sixty-eight years. (2) A Member shall hold office as such for a term of five years from the dale on which he enters upon his office extendable by one more term of five years: Provided that no Member shall hold office as such after he has attained the age of sixty-five years. (3) The conditions of service of Chairman and Members shall be the same as applicable to Judges of the High Court.] **9. Resignation and removal.—(1) The Chairman,** [3]*** or other Member may, by notice in writing under his hand addressed to the President, resign his office: Provided that the Chairman, [3]*** or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2) The Chairman, [3]*** or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman, [3]*** or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman, [3]*** or other Member referred to in sub-section (2). **10. Salaries and allowances and other terms and conditions of service of Chairman,** **4*** and other Members.—The salaries and allowances payable to, and the other terms and conditions** of service (including pension, gratuity and other retirement benefits) of, the Chairman, [4]*** and other Members shall be such as may be prescribed by the Central Government: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman, [4]*** or other Member shall be varied to his disadvantage after his appointment. 5[Provided further that where a serving Government officer is appointed as a Member, he shall be deemed to have retired from the service to which he belonged on the date on which he assumed the 1. Subs. by Act 1 of 2007, s. 6, for “Vice-Chairman or, as the case may be, such one of the Vice-Chairman” (w.e.f. 19-2-2007). 2. Subs. by s. 7, ibid., for section 8 (w.e.f. 19-2-2007). 3. The word “Vice-Chairman” omitted by s. 8, ibid. (w.e.f. 19-2-2007). 4. The word “Vice-Chairman” omitted by s. 9, ibid. (w.e.f. 19-2-2007). 5. Ins. by s. 9, ibid. (w.e.f. 19-2-2007). 8 ----- charge of the Member but his subsequent service as Member shall, at his option, be reckoned as a post-retirement re-employment counting for pension and other retirement benefits in the service to which he belonged.] 1[10A. Saving terms and conditions of service of Vice-Chairman.—The Chairman, Vice-Chairman and Member of a Tribunal appointed before the commencement of the Administrative Tribunals (Amendment) Act, 2006 (1 of 2007) shall continue to be governed by the provisions of the Act, and the rules made thereunder as if the Administrative Tribunals (Amendment) Act, 2006 had not come into force: Provided that, however, such Chairman and the Members appointed before the coming into force of Administrative Tribunals (Amendment) Act, 2006 (1 of 2007), may on completion of their term or attainment of the age of sixty-five or sixty-two years, as the case may be, whichever is earlier may, if eligible in terms of section 8 as amended by the Administrative Tribunals (Amendment) Act, 2006 be considered for a fresh appointment in accordance with the selection procedure laid down for such appointments subject to the condition that the total term in office of the Chairman shall not exceed five years and that of the Members, ten years.] **2[10B. Qualifications, terms and conditions of service of Chairman 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 Chairman and other Members of the Tribunal appointed after the commencement of [3][the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act]: Provided that the Chairman and Member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 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.] **11. Provision as to the holding of offices by Chairman, etc., on ceasing to be such Chairman, etc.—** On ceasing to hold office,— (a) the Chairman of the Central Administrative Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) the Chairman of a State Administrative Tribunal or a Joint Administrative Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or [4]*** any other Member of the Central Administrative Tribunal or as the Chairman of any other State Administrative Tribunal or Joint Administrative Tribunal, but not for any other employment either under the Government of India or under the Government of a State; 5* - - - (e) a Member (other than the Chairman [6]***) of any Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman [6]*** of such Tribunal or as the Chairman, ViceChairman or other Member of any other Tribunal, but not for any other employment either under the Government of India or under the Government of a State; (f) the Chairman, [7]*** or other Member shall not appear, act or plead before any Tribunal of which he was the Chairman, [7]*** or other Member. _Explanation.—For the purposes of this section, employment under the Government of India or under the_ Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation [8][or society] owned or controlled by the Government. 9[12. Financial and administrative powers of the Chairman.—(1) The Chairman shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules made by the appropriate Government. 1. Ins. by Act 1 of 2007, s. 10 (w.e.f. 19-2-2007). 2. Ins. by Act 7 of 2017, s. 176 (w.e.f. 26-5-2017). 3. Subs. by Act 33 of 2021, s. 15, for “Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act” (w.e.f. 4-4-2021). 4. The words “Vice-Chairman or” omitted by Act 1 of 2007, s. 11 (w.e.f. 19-2-2007). 5. Clauses (c) and (d) omitted by s. 11, ibid. (w.e.f. 19-2-2007). 6. The words “or Vice-Chairman” omitted by s. 11, ibid. (w.e.f. 19-2-2007). 7. The word “Vice-Chairman” omitted by s. 11, ibid. (w.e.f. 19-2-2007). 8. Ins. by 19 of 1986, s. 8 (w.e.f. 22-1-1986). 9. Subs. by Act 1 of 2007, s. 12, for section 12 (w.e.f. 19-2-2007). 9 ----- (2) The appropriate Government may designate one or more Members to be the Vice-Chairman or, as the case may be, Vice-Chairman thereof and the Members so designated shall exercise such of the powers and perform such of the functions of the Chairman as may be delegated to him by the Chairman by a general or special order in writing.] **13. Staff of the Tribunal.—(1) The appropriate Government shall determine the nature and** categories of the officers and other employees required to assist a Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit. 1[(1A) The officers and other employees of a Tribunal shall discharge their functions under the general superintendence of the Chairman.] (2) The salaries and allowances and conditions of service of the officers and other employees of a Tribunal shall be such as may be specified by rules made by the appropriate Government. CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF TRIBUNALS **14. Jurisdiction, powers and authority of the Central Administrative Tribunal.—(1) Save as** otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court [2]***) in relation to— (a) recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian; (b) all service matters concerning— (i) a member of any All-India Service; or (ii) a person [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any civil service of the Union or any civil post under the Union; or (iii) a civilian [not being a member of an All-India Service or a person referred to in clause (c)] appointed to any defence services or a post connected with defence, and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation [3][or society] owned or controlled by the Government; (c) all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause (iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation [3][or society] or other body, at the disposal of the Central Government for such appointment. 4[Explanation.—For the removal of doubts, it is hereby declared that references to “Union” in this sub-section shall be construed as including references also to a Union territory.] (2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [3][or societies] owned or controlled by Government, not being a local or other authority or corporation [3][or society] controlled or owned by a State Government: Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this 1. Ins. by Act 19 of 1986, s. 10 (w.e.f. 22-1-1986). 2. The words and figures “under article 136 of the Constitution” omitted by s. 11, ibid. (w.e.f. 22-1-1986). 3. Ins. by s. 11, ibid. (w.e.f. 22-1-1986). 4. Ins. by s. 11, ibid. (w.e.f. 1-11-1985). 10 ----- sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [1][or societies]. (3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [1][or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court [2]***) in relation to— (a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [1][or society]; and (b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation [1][or society] and pertaining to the service of such person in connection with such affairs. **15. Jurisdiction, powers and authority of State Administrative Tribunals.—(1) Save as otherwise** expressly provided in this Act, the Administrative Tribunal for a State shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court [3]***) in relation to— (a) recruitment, and matters concerning recruitment, to any civil service of the State or to any civil post under the State; (b) all service matters concerning a person not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 appointed to any civil service of the State or any civil post under the State and pertaining to the service of such person in connection with the affairs of the State or of any local or other authority under the control of the State Government or of any corporation [4][or society] owned or controlled by the State Government; (c) all service matters pertaining to service in connection with the affairs of the State concerning a person appointed to any service or post referred to in clause (b), being a person whose service have been placed by any such local or other authority or corporation [4][or society] or other body as is controlled or owned by the State Government, at the disposal of the State Government for such appointment. (2) The State Government may, by notification, apply with effect from such date as may be specified in the notification the provisions of sub-section (3) to local or other authorities and corporations 4[or societies] controlled or owned by the State Government: Provided that if the State Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [4][or societies]. (3) Save as otherwise expressly provided in this Act, the Administrative Tribunal for a State shall also exercise, on and from the date with effect from which the provisions of this sub-section apply to any local or other authority or corporation [4][or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court [3]***) in relation to— (a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [4][or society]; and (b) all service matters concerning a person [other than a person referred to in clause (b) of sub-section (1) of this section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14] appointed to any service or post in connection with the affairs of such local or other authority or corporation [4][or society] and pertaining to the service of such person in connection with such affairs. 1. Ins. by Act 19 of 1986, s. 11 (w.e.f. 22-1-1986). 2. The words and figures “under article 136 of the Constitution” omitted by s. 11, ibid. (w.e.f. 22-1-1986). 3. The words and figures “under article 136 of the Constitution” omitted by s. 12, ibid. (w.e.f. 22-1-1986). 4. Ins. by s. 12, ibid. (w.e.f. 22-1-1986). 11 ----- (4) For the removal of doubts, it is hereby declared that the jurisdiction, powers and authority of the Administrative Tribunal for a State shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the Central Administrative Tribunal extends or is exercisable. **16. Jurisdiction, powers and authority of a Joint Administrative Tribunal.—A Joint** Administrative Tribunal for two or more States shall exercise all the jurisdiction, powers and authority exercisable by the Administrative Tribunals for such States. **17. Power to punish for contempt.—A Tribunal shall have, and exercise, the same jurisdiction,** powers and authority in respect of contempt of itself as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971), shall have effect subject to the modifications that— (a) the references therein to a High Court shall be construed as including a reference to such Tribunal; (b) the references to the Advocate-General in section 15 of the said Act shall be construed,— (i) in relation to the Central Administrative Tribunal, as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General; and (ii) in relation to an Administrative Tribunal for a State or a Joint Administrative Tribunal for two or more States, as a reference to the Advocate-General of the State or any of the States for which such Tribunal has been established. **18. Distribution of business amongst the Benches.—(1) Where** [1][any Benches of a Tribunal are constituted], the appropriate Government may, from time to time, by notification, make provisions as to the distribution of the business of the Tribunal amongst the [2]*** Benches and specify the matters which may be dealt with by each Bench. (2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench of a Tribunal, the decision of the Chairman thereon shall be final. _Explanation.—For the removal of doubts, it is hereby declared that the expression “matters” includes_ applications under section 19. CHAPTER IV PROCEDURE **19. Applications to tribunals.—(1) Subject to the other provisions of this Act, a person aggrieved by** any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance. _Explanation.—For the purposes of this sub-section, “order” means an order made—_ (a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation [3][or society] owned or controlled by the Government; or (b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation [3][or society] referred to in clause (a). (2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) [4][in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government]. 5[(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit 1. Subs. by Act 19 of 1986, s. 13, for “any additional Bench or Benches of a Tribunal is or are constituted” (w.e.f. 22-1-1986). 2. The words “principal Bench and the additional Bench or additional” omitted by s. 13, ibid. (w.e.f. 22-1-1986). 3. Ins. by s. 14, ibid. (w.e.f. 22-1-1986). 4. Subs. by s. 14, ibid., for “as may be prescribed by the Central Government” (w.e.f. 22-1-1986). 5. Subs. by s. 14, ibid., for sub-section (3) (w.e.f. 22-1-1986). 12 ----- such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.] (4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules. **20. Applications not to be admitted unless other remedies exhausted.—(1) A Tribunal shall not** ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances. (2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances,— (a) if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or (b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired. (3) For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be of one of the remedies which are available unless the applicant had elected to submit such memorial. **21. Limitation.—(1) A Tribunal shall not admit an application,—** (a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made; (b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months. (2) Notwithstanding anything contained in sub-section (1), where— (a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates; and (b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or, as the case may be, clause (b), of sub-section (1) or within a period of six months from the said date, whichever period expires later. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section (2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period. **22. Procedure and powers of Tribunals.—(1) A Tribunal shall not be bound by the procedure laid** down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made by the Central Government, 13 ----- the Tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private. (2) A Tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and 1[after hearing such oral arguments as may be advanced]. (3) A Tribunal shall have, for the purposes of [2][discharging its functions under this Act], the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witness or documents; (f) reviewing its decisions; (g) dismissing a representation for default or deciding it ex parte; (h) setting aside any order of dismissal of any representation for default or any order passed by it _ex parte; and_ (i) any other matter which may be prescribed by the Central Government. **23. Right of applicant to take assistance of legal practitioner and of Government, etc., to** **appoint presenting officers.—(1) A person making an application to a Tribunal under this Act may** either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal. (2) The Central Government or a State Government or a local or other authority or corporation 3[or society], to which the provisions of sub-section (3) of section 14 or sub-section (3) of section 15 apply, [4][may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before a Tribunal.] **24. Conditions as to making of interim orders.— Notwithstanding anything contained in any other** provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an application unless— (a) copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and (b) opportunity is given to such party to be heard in the matter: Provided that a Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements 1. Subs. by Act 19 of 1986, s. 15, for “after hearing of oral arguments, if any, allowed by the Tribunal in the circumstances of the case” (w.e.f. 22-1-1986). 2. Subs. by s. 15, ibid., for “holding any inquiry” (w.e.f. 22-1-1986). 3. Ins. by s. 16, ibid. (w.e.f. 22-1-1986). 4. Subs. by s. 16, ibid., for “may appoint” (w.e.f. 22-1-1986). 14 ----- have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order. 1[25. Power of Chairman to transfer cases from one Bench to another.—On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench. **26. Decision to be by majority.—If the Members of a Bench 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, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it.] **27. Execution of orders of a Tribunal.—Subject to the other provisions of this Act and the rules,** 2[the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order] shall be executed in the same manner in which any final order of the nature referred to in clause (a) of sub-section (2) of section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed. CHAPTER V MISCELLANEOUS **28. Exclusion of jurisdiction of courts except the Supreme Court under article 136 of the** **Constitution.—On and from the date from which any jurisdiction, powers and authority becomes** exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any Service or persons appointed to any Service or post, [3][no court except— (a) the Supreme Court; or (b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 (14 of 1947) or any other corresponding law for the time being in force, shall have], or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters. **29. Transfer of pending cases.—(1) Every suit or other proceeding pending before any court or** other authority immediately before the date of establishment of a Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal: Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court [4]***. (2) Every suit or other proceeding pending before a court or other authority immediately before the date with effect from which jurisdiction is conferred on a Tribunal in relation to any local or other authority or corporation [5][or society], being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the said date, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal: 1. Subs. by Act 19 of 1986, s. 17, for sections 25 and 26 (w.e.f. 22-1-1986). 2. Subs. by s. 18, ibid., for “the order of a Tribunal finally disposing of an application” (w.e.f. 22-1-1986). 3. Subs. by s. 19, _ibid., for “no court (except the Supreme Court under article 136 of the Constitution) shall have”_ (w.e.f. 1-11-1985). 4. The words “or the Supreme Court” omitted by s. 20, ibid. (w.e.f. 22-1-1986). 5. Ins. by s. 20, ibid. (w.e.f. 22-1-1986). 15 ----- Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court [1]*** _Explanation.—For the purposes of this sub-section “date with effect from which jurisdiction is_ conferred on a Tribunal”, in relation to any local or other authority or corporation [2][or society], means the date with effect from which the provisions of sub-section (3) of section 14 or, as the case may be, sub-section (3) of section 15 are applied to such local or other authority or corporation [2][or society]. (3) Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal. _Explanation.—For the purposes of this sub-section, “State Tribunal” means a Tribunal established_ under sub-section (2) of section 4. (4) Where any suit, appeal or other proceeding stands transferred from any court or other authority to a Tribunal under sub-section (1) or sub-section (2),— (a) the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal; and (b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under section 19 from the stage which was reached before such transfer or from any earlier stage or _de novo as the_ Tribunal may deem fit. (5) Where any case stands transferred to a Joint Administrative Tribunal under sub-section (3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred. 3[(6) Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunals (Amendment) Act, 1987 (51 of 1987), being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such court. (7) Where any case stands transferred to a court under sub-section (6), that court may proceed to deal with such case from the stage which was reached before it stood so transferred.] 4[29A. Provision for filing of certain appeals.—Where any decree or order has been made or passed by any court (other than a High Court) in any suit or proceeding before the establishment of a Tribunal, being a suit or proceeding the cause of action whereon it is based is such that it would have been if it had arisen after such establishment, within the jurisdiction of such Tribunal, and no appeal has been preferred against such decree or order before such establishment and the time for preferring such appeal under any law for the time being in force had not expired before such establishment, such appeal shall lie— (a) to the Central Administrative Tribunal, within ninety days from the date on which the Administrative Tribunals (Amendment) Bill, 1986 receives the assent of the President, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or (b) to any other Tribunal, within ninety days from its establishment or within ninety days from the date of receipt of the copy of such decree or order, whichever is later.] **30. Proceedings before a Tribunal to be judicial proceedings.—All proceedings before a Tribunal** shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). 1. The words “or the Supreme Court” omitted by Act 19 of 1986, s. 20 (w.e.f. 22-1-1986). 2. Ins. by s. 20, ibid. (w.e.f. 22-1-1986). 3. Ins. by Act 51 of 1987, s. 5 (w.e.f. 22-12-1987). 4. Ins. by Act 19 of 1986, s. 21 (w.e.f. 22-1-1986). 16 ----- **31. Members and staff of Tribunal to be public servants.—The** [1][Chairman and other Members] and the officers and other employees provided under section 13 to a Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **32. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central or State Government or against the Chairman, [2]*** or other Member of any Central or Joint or State Administrative Tribunal, or any other person authorised by such Chairman, [2]*** or other Member 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. **33. 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. **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 appear to it to be necessary or expedient for removing the difficulty. (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 of the Central Government to make rules.—(1) The Central Government may, subject** to the provisions of section 36, by notification, make rules to carry out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the case or cases which shall be decided by a Bench composed of more than [3][two members] under clause (d) of sub-section (4) of section 5; (b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of [4][Chairman or other Member]; (c) the salaries and allowances payable to, and the other terms and conditions of, the 5[Chairman and other Members]; (d) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied [6][and the fees payable in respect of the filing of such application or for the service or execution of processes;] (e) the rules subject to which a Tribunal shall have power to regulate its own procedure under sub-section (1) of section 22 and the additional matters in respect of which a Tribunal may exercise the powers of a civil court under clause (i) of sub-section (3) of that section; and (f) any other matter which may be prescribed or in respect of which rules are required to be made by the Central Government. **36. Power of the appropriate Government to make rules.— The appropriate Government may, by** notification, make rules to provide for all or any of the following matters, namely:— (a) the financial and administrative powers which the Chairman of a Tribunal may exercise over the [7]*** Benches of the Tribunal under section 12; (b) the salaries and allowances and conditions of service of the officers and other employees of a Tribunal under sub-section (2) of section 13; and 1. Subs. by Act 1 of 2007, s. 13, for “Chairman, Vive-Chairman and other Members” (w.e.f. 19-2-2007). 2. The word “Vice-Chairman” omitted by s. 14, ibid. (w.e.f. 19-2-2007). 3. Subs. by Act 19 of 1986, s. 22, for “three Members” (w.e.f. 22-1-1986). 4. Subs. by Act 1 of 2007, s. 15, for “Chairman, Vice-Chairman or other Member” (w.e.f. 19-2-2007). 5. Subs. by s. 15, ibid., for “Chairman, Vice-Chairman and other Member” (w.e.f. 19-2-2007). 6. Subs. by Act 19 of 1986, s. 22, for “and the fees payable in respect of such application” (w.e.f. 22-1-1986). 7. The words “principal Bench and the additional” omitted by s. 23, ibid. (w.e.f. 22-1-1986). 17 ----- (c) any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate Government. 1[36A. Power to make rules retrospectively.—The power to make rules under clause (c) of sub-section (2) of section 35 or clause (b) of section 36 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable]. **37. Laying of rules.—(1) Every rule made under this Act by the Central Government shall be laid, as** soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both 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. (2) Every rule made by a 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 51 of 1987, s. 6 (w.e.f. 22-12-1987). 18 -----

29-Mar-1985

22

The Handlooms (Reservation of Articles for Production) Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1864/2/A1985-22.pdf

central

# THE HANDLOOMS (RESERVATION OF ARTICLES FOR PRODUCTION) ACT, 1985 # ______ # ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to specify articles for exclusive production by handlooms. 4. Constitution of Advisory Committee. 5. Prohibition of production of articles exclusively reserved for handlooms. 6. Power to call for information or to furnish samples. 7. Power to enter and impact. 8. Power to search and seize. 9. Search and seizure to be made in accordance with the Code of Criminal Procedure,1973. 10. Penalty for contravention of orders made under section 3. 11. False statement. 12. Attempts and abetment. 13. Offences by companies. 14. Offences to be cognizable. 15. Power to delegate. 16. Power of Central Government to give directions. 17. Protection of action taken in good faith. 18. Power to exempt. 19. Power to make rules. 1 ----- # THE HANDLOOMS (RESERVATION OF ARTICLES FOR PRODUCTION) ACT, 1985 # ACT NO. 22 OF 1985 [29th March, 1985.] # An Act to provide for reservation of certain articles for exclusive production by handlooms and for matters connected therewith. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Handlooms (Reservation** of Articles for Production) Act, 1985. (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) “Advisory Committee” means the Advisory Committee constituted under section 4; (b) “handloom” means any loom, other than power loom; (c) “manufacturer” includes the producer and processor, and the expression “manufacture” shall be construed accordingly; (d) “power loom” means a loom which is worked by power as defined in clause (g) of section 2 of the Factories Act, 1948 (63 of 1948); (e) “processor” means a person engaged in any ancillary process subsequent to the production of cloth, such as dyeing, bleaching, mercerising, calendering, embroidering, printing, raising, cloth embossing or any other finishing process, but does not include a producer, and the expression “process” shall be construed accordingly; (f) “producer” means a person engaged in the production of cloth on any loom, other than handloom, and shall include a person who owns, works or operates on, a loom for the production of cloth, and the expression “produce” shall be construed accordingly. **3. Power to specify articles for exclusive production by handlooms.—(1) Notwithstanding** anything contained in the Industries (Development and Regulation) Act, 1951 (65 of 1951), the Central Government may, if it is satisfied, after considering the recommendations made to it by the Advisory Committee, that it is necessary so to do for the protection and development of the handloom industry, by order published in the Official Gazette, direct, from time to time, that any article or class of articles shall, on and from such date as may be specified in the order (hereinafter referred to as the date of reservation), be reserved for exclusive production by handlooms. (2) Every order published 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. 1. 31[st] March, 1986, _vide notification No. G.S.R 505(E), dated 10[th] March, 1986,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 2 ----- **4. Constitution of Advisory Committee.—(1) The Central Government shall, with a view to** determining the nature of any article or class of articles that may be reserved for exclusive production by handlooms, constitute an Advisory Committee consisting of such persons as have, in the opinion of that Government, the necessary expertise to give advice on the matter. (2) The Advisory Committee shall, after considering the following matters, communicate its recommendations to the Central Government, namely:— (a) the article or class of articles which is being produced by handlooms for mass consumption; (b) the article or class of articles which is being produced traditionally by handlooms; (c) the level of employment likely to be generated by the production of the article or class of articles referred to in clause (a) or clause (b) exclusively by handlooms; (d) the protection of interests of persons engaged in the handloom industry and the need for the continued maintenance of the industry; and (e) such other matters as the Advisory Committee may think fit. **5. Prohibition of production of articles exclusively reserved for handlooms.—Where an order has** been made under section 3 reserving any article or class of articles for exclusive production by handlooms, such article or class of articles shall not, on and from the date of reservation, be produced by any loom, other than handloom: Provided that any person who, immediately before the date of reservation of any article or class of articles, was engaged in the production of such article or class of articles in any loom, other than handloom may continue to be so engaged till the expiry of three months from the date of such reservation. **6. Power to call for information or to furnish samples.—(1) The Central Government may, by** order, require any manufacturer to furnish, for the purposes of this Act,— (a) such information in his possession with respect to any manufacturing activity or business carried on by him or by any other person to any officer or authority specified by it in such form and within such period as may be specified by that Government in the order; (b) such samples of any articles manufactured by him or by any other person for inspection by such officer or authority, at such places and within such period as may be specified by it in the order. (2) Where any order has been issued to any manufacturer under sub-section (1), he shall comply with such order. **7. Power to enter and impact.—Any officer authorised by the Central Government (hereinafter** referred to as the authorised officer) may enter, at all reasonable times, any place or premises of any manufacturer in which any textile articles are stored, kept or exposed for sale and may require the production for inspection of any books of account, registers, records or other documents kept therein and ask for such information relating to the manufacture, storage or keeping for sale of any such articles or to any power looms that may be found in such place as he may think fit for the purposes of carrying into effect the provisions of this Act. **8. Power to search and seize.—(1) If the authorised officer has any reason to believe that,—** (a) any article or class of articles specified in any order made under section 3 is being produced in any place in contravention of such order; or (b) any article or class of articles produced in contravention of such order are secreted in any place; or (c) any article or class of articles is liable to forfeiture under this Act, he may enter into and search such place or premises for such article, or class of articles or any powerloom which in the opinion of the authorised officer may have been used for the production of such article or class of articles. 3 ----- (2) Where, as a result of any search made under sub-section (1), any article or class of articles or any power loom has been found and the authorised officer has reason to believe that such article or class of articles has been produced, or such power loom has been used for the production of any article or class of articles, in contravention of any order made under section 3, he may seize such article, class of articles or power loom, together with the package, covering or receptacle, if any, in which such article or class of articles is found: Provided that where it is not practicable to seize any article or power loom, the authorised officer may serve on the owner of the article or the power loom, as the case may be, an order that he shall not remove, part with, or otherwise deal with, the article or power loom except with the previous permission of such authorised officer. (3) Where any article or power loom is seized under sub-section (2) and no prosecution has been launched within six months of such seizure, it shall be returned to the person from whose possession it was seized. (4) The authorised officer may also seize any documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act. (5) The person from whose custody any documents are seized under sub-section (4) shall be entitled to make copies thereof or takes extracts therefrom in the presence of the authorised officer. (6) If any person legally entitled to the documents or things seized under sub-section (4) objects, for any reason, to the retention by the authorised officer of the documents or things, he may make an application to the Central Government stating therein the reasons for such objection and requesting for the return of the documents or things. (7) On receipt of an application under sub-section (6), the Central Government may, after giving the applicant an opportunity of being heard, pass such order as it may think fit. **9. Search and seizure to be made in accordance with the Code of Criminal Procedure,1973.—** 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 every search or seizure made under this Act. **10. Penalty for contravention of orders made under section 3.—Whoever produces any article or** class of articles in contravention of an order made under section 3,— (a) shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees per loom by which the said article or class of articles is produced, or with both, and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees per loom for every day during which such contravention continues after conviction for the first such contravention; and (b) the article or class of articles in respect of which the order has been contravened or any power loom by the use of which such order is contravened, including any package, covering or receptacle in which the article or class of articles is found, shall be forfeited to the Central Government: Provided that if the court is of opinion that it is not necessary to direct forfeiture in respect of any of the articles, power loom or any package, covering or receptacle, it may, for reasons to be recorded, refrain from doing so. **11. False statement.—If any person,—** (a) when required by any order made under section 6 to furnish any information or sample, makes any statement or furnishes any information which is false in any material particular and which he knows, or has reasonable cause to believe, to be false or does not believe it to be true, or fails to furnish such sample or damages or destroys any article from which such sample was required; or (b) when required by the authorised officer under section 7 to produce any books of account, registers, records or other documents, fails to produce, or damages or destroys any such books, registers or other documents, 4 ----- he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. **12. Attempts and abetment.—Any person who attempts to contravene or abets the contravention of** any order made under section 3 shall be deemed to have contravened that order. **13. 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 had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or 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 cooperative society registered or deemed to be registered under any law for the time being in force, a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. **14. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognizable. **15. Power to delegate.—The Central Government may, by order, direct that the powers exercisable** by it under any provision of this Act, other than the power to make orders under section 3 or under section 18 or to make rules under section 19, shall in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by— (a) such officer or authority subordinate to the Central Government; or (b) such State Government or such officer or authority subordinate to a State Government, as may be specified in the direction. **16. Power of Central Government to give directions.—The Central Government may give such** directions as it may consider necessary to a State Government as to the carrying into execution of the provisions of this Act. **17. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government, State Government or any officer or employee of the Central Government or of any State Government or any authorised officer for anything which is in good faith done or intended to be done under this Act or an order made under section 3. **18. Power to exempt.—(1) If the Central Government is satisfied that the demand for any article or** class of articles reserved by an order under section 3 outside India is such that it is not possible for the handloom industry to meet such demand or any such article or class of articles is required to be produced for purposes of research or for the development of markets for such article or class of articles or of the handloom industry generally, it is necessary or expedient so to do, it may, by order published in the Official Gazette, exempt such article or class of articles from the operation of such order, and permit such article or class of articles to be produced by any power loom solely for the purposes of export or for research by such institutions as may be specified in the order. 5 ----- _(2) 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. **19. 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 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. 6 -----

29-Mar-1985

21

The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1855/1/A1985-21.pdf

central

# THE BHOPAL GAS LEAK DISASTER (PROCESSING OF CLAIMS) ACT, 1985 ___________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Power of Central Government to represent claimants. 4. Claimant’s right to be represented by a legal practitioner. 5. Power of Central Government. 6. Commissioner and other officers and employees. 7. Power to delegate. 8. Limitation. 9. Power to frame a Scheme. 10. Removal of doubts. 11. Overriding effect. 12. Repeal and saving. ----- # THE BHOPAL GAS LEAK DISASTER (PROCESSING OF CLAIMS) ACT, 1985 # ACT NO. 21 OF 1985 [29th March, 1985.] # An Act to confer certain powers on the Central Government to secure that claims arising out of, or connected with, the Bhopal gas leak disaster are dealt with speedily, effectively, equitably and to the best advantage of the claimants and for matters incidental thereto. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Bhopal Gas Leak Disaster** (Processing of Claims) Act, 1985. (2) It shall be deemed to have come into force on the 20th day of February, 1985. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Bhopal gas leak disaster” or “disaster” means the occurrence on the 2nd and 3rd days of December, 1984, which involved the release of highly noxious and abnormally dangerous gas from a plant in Bhopal (being a plant of the Union Carbide India Limited, a subsidiary of the Union Carbide Corporation, U.S.A.) and which resulted in loss of life and damage to property on an extensive scale; (b) “claim” means— (i) a claim, arising out of, or connected with, the disaster, for compensation or damages for any loss of life or personal injury which has been, or is likely to be, suffered; (ii) a claim, arising out of, or connected with, the disaster, for any damage to property which has been, or is likely to be, sustained; (iii) a claim for expenses incurred or required to be incurred for containing the disaster or mitigating or otherwise coping with the effects of the disaster; (iv) any other claim (including any claim by way of loss of business or employment) arising out of, or connected with, the disaster; (c) “claimant” means a person entitled to make a claim; (d) “Commissioner” means the Commissioner appointed under section 6; (e) “person” includes the Government; (f) “Scheme” means a Scheme framed under section 9. _Explanation.—For the purposes of clauses (b) and (c), where the death of a person has taken_ place as a result of the disaster, the claim for compensation or damages for the death of such person shall be for the benefit of the spouse, children (including a child in the womb) and other heirs of the deceased and they shall be deemed to be the claimants in respect thereof. **3. Power of Central Government to represent claimants.—(1) Subject to the other provisions of** this Act, the Central Government shall, and shall have the exclusive right to, represent, and act in place of (whether within or outside India) every person who has made, or is entitled to make, a claim for all purposes connected with such claim in the same manner and to the same effect as such person. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), the purposes referred to therein include— (a) institution of any suit or other proceeding in or before any court or other authority (whether within or outside India) or withdrawal of any such suit or other proceeding, and (b) entering into a compromise. ----- (3) The provisions of sub-section (1) shall apply also in relation to claims in respect of which suits or other proceedings have been instituted in or before any court or other authority (whether within or outside India) before the commencement of this Act: Provided that in the case of any such suit or other proceeding with respect to any claim pending immediately before the commencement of this Act in or before any court or other authority outside India, the Central Government shall represent, and act in place of, or along with, such claimant, if such court or other authority so permits. **4. Claimant’s right to be represented by a legal practitioner.—Notwithstanding anything** contained in section 3, in representing, and acting in place of, any person in relation to any claim, the Central Government shall have due regard to any matters which such person may require to be urged with respect to his claim and shall, if such person so desires, permit at the expense of such person, a legal practitioner of his choice to be associated in the conduct of any suit or other proceeding relating to his claim. **5. Power of Central Government.—(1) For the purpose of discharging its functions under this Act,** the Central Government 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 from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which the Central Government may, by notification in the Official Gazette, specify. (2) Every notification made under clause (f) of 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 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. **6. Commissioner and other officers and employees.—(1) For the purpose of assisting it in** discharging its functions under this Act, the Central Government may appoint an officer, to be known as the Commissioner for the welfare of the victims of the Bhopal gas leak disaster, and such other officers and employees to assist him as that Government may deem fit. (2) The Commissioner shall discharge such functions as may be assigned to him by the Scheme. (3) The Commissioner and such of the officers subordinate to him as may be authorised by the Central Government by notification in the Official Gazette in this behalf may, for the discharge of their functions under the Scheme, exercise all or any of the powers which the Central Government may exercise under section 5. (4) All officers and authorities of the Government shall act in aid of the Commissioner. ----- 1[(5) The Commissioner and the officers subordinate to him authorised to discharge functions under the Scheme 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. Power to delegate.—The Central Government may, by notification in the Official Gazette,** delegate, subject to such conditions and limitations as may be specified in the notification, all or any of its powers under this Act (excepting the power under section 9 to frame a Scheme) to the Government of Madhya Pradesh or an officer of the Central Government not below the rank of a Joint Secretary to that Government or an officer of the Government of Madhya Pradesh not below the rank of a Secretary to that Government [2][or the Commissioner]. **8. Limitation.—(1) In computing, under the Limitation Act, 1963 (36 of 1963) or any other law for** the time being in force, the period of limitation for the purpose of instituting a suit or other proceeding for the enforcement of a claim, any period after the date on which such claim is registered under, and in accordance with, the provisions of the Scheme shall be excluded. (2) Nothing in sub-section (1) shall apply to any proceedings by way of appeal. **9. Power to frame a Scheme.—(1) The Central Government shall, for carrying into effect the** purposes of this Act, frame by notification in the Official Gazette a Scheme as soon as may be after the commencement of this Act. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), a Scheme may provide for all or any of the following matters, namely:— (a) the registration of the claims under the Scheme and all matters connected with such registration; (b) the processing of the claims for securing their enforcement and matters connected therewith; (c) the maintenance of records and registers in respect of the claims; (d) the creation of a fund for meeting expenses in connection with the administration of the Scheme and of the provisions of this Act; (e) the amounts which the Central Government may, after due appropriation made by Parliament by law in that behalf, credit to the fund referred to in clause (d) and any other amounts which may be credited to such fund; (f) the utilisation, by way of disbursal (including apportionment) or otherwise, of any amounts received in satisfaction of the claims; (g) the officer (being a judicial officer of a rank not lower than that of a District Judge) who may make such disbursal or apportionment in the event of a dispute; (h) the maintenance and audit of accounts with respect to the amounts referred to in clauses(e) and (f); (i) the functions of the Commissioner and other officers and employees appointed under section 6. (3) Every Scheme framed under sub-section (1) shall be laid, as soon as may be after it is framed, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any 1. Ins. by Act 24 of 1992, s. 2 (w.e.f. 12-8-1992). 2. Ins. by s. 3, ibid. (w.e.f. 12-8-1992). ----- modification in the Scheme or both Houses agree that the Scheme should not be framed, the Scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Scheme. **10. Removal of doubts.—For the removal of doubts, it is hereby declared that—** (a) any sums paid by the Government to a claimant otherwise than by way of disbursal of the compensation or damages received as a result of the adjudication or settlement of his claim by a court or other authority, shall be deemed to be without prejudice to the adjudication or settlement by such court or other authority of his claim to receive compensation or damages in satisfaction of his claim and shall not be taken into account by such court or other authority in determining the amount of compensation or damages to which he may be entitled in satisfaction of his claim; (b) in disbursing under the Scheme the amount received by way of compensation or damages in satisfaction of a claim as a result of the adjudication or settlement of the claim by a court or other authority, deduction shall be made from such amount of the sums, if any, paid to the claimant by the Government before the disbursal of such amount. **11. Overriding effect.—The provisions of this Act and of any Scheme framed thereunder shall have** effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. **12. Repeal and saving.—(1) The Bhopal Gas Leak Disaster (Processing of Claims) Ordinance, 1985** (1 of 1985),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. -----

2-Sep-1985

50

The Indira Gandhi National Open University Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1850/1/198550.pdf

central

# THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY ACT, 1985 # _________ # ARRANGEMENT OF SECTIONS # _______ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Establishment and incorporation of the University. 4. The objects of the University. 5. Powers of the University. 6. Jurisdiction. 7. University open to all classes, castes and creeds. 8. The Visitor. 9. Officers of the University. 10. The Vice-Chancellor. 11. The Pro-Vice-Chancellors. 12. The Directors. 13. The Registrars. 14. The Finance Officer. 15. Other officers. 16. Authorities of the University 17. The Board of Management. 18. The Academic Council. 19. The Planning Board. 20. The Board of Recognition. 21. The Schools of Studies. 22. The Finance Committee. 23. Other authorities. 24. Statutes. 25. Statutes how made. 26. Ordinances. 27. Regulations. 28. Annual report. 29. Annual accounts, etc. 30. Conditions of service of employees. 31. Tribunal of Arbitration. 32. Provident and pension funds. 33. Disputes as to the constitution of the University authorities and bodies. 34. Filling of casual vacancies. 35. Proceedings of the University authorities or bodies not invalidated by vacancies. 36. Protection of action taken in good faith. 37. Mode of proof of University record. 38. Power to remove difficulties. 39. Transitional provisions. 1 ----- SECTIONS 40. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 2 ----- # THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY ACT, 1985 # ACT NO. 50 OF 1985 [2nd September, 1985.] # An Act to establish and incorporate an open University at the national level for the introduction and promotion of the open university and distance education systems in the educational pattern of the country and for the co-ordination and determination of standards in such systems. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Indira Gandhi National Open** University Act, 1985. (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, and the Statutes made hereunder, unless the context otherwise** requires,— (a) “Academic Council” means the Academic Council of the University; (b) “Board of Management” means the Board of Management of the University; (c) “Board of Recognition” means the Board of Recognition of the University; (d) “College” means a College or other academic institution established or maintained by, or admitted to the privileges of, the University; (e) “distance education system” means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means; (f) “employee” means any person appointed by the University, and includes teachers and other academic staff of the University; (g) “Finance Committee” means the Finance Committee of the University; (h) “Governing Body”, in relation to a College, means any body (by whatever name called) charged with the management of the affairs of the College and recognised as such by the University; (i) “Planning Board” means the Planning Board of the University; (j) “Regional Centre” means a centre established or maintained by the University for the purpose of co-ordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Board of Management; (k) “Regulations” means the Regulations made by any authority of the University under this Act for the time being in force; (l) “School” means a School of Studies of the University; (m) “Statutes” and “Ordinances” mean, respectively, the Statutes and Ordinances of the University for the time being in force; (n) “student” means a student of the University, and includes any person who has enrolled himself for pursuing any course of study of the University; (o) “Study Centre” means a centre established, maintained or recognised by the University for the purpose of advising, counselling or for rendering any other assistance required by the students; 1. 20th September, 1985, _vide notification No. S.O. 678(E), dated 19th September, 1985,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 3 ----- (p) “teachers” means Professors, Readers, Lecturers and such other persons as may be designated as such by the Ordinances for imparting instruction in the University or for giving guidance or rendering assistance to students for pursuing any course of study of the University; (q) “University” means the Indira Gandhi National Open University established under this Act; (r) “Vice-Chancellor” and “Pro-Vice-Chancellor” mean, respectively, the Vice-Chancellor and a Pro-Vice-Chancellor of the University. **3. Establishment and incorporation of the University.—(1) There shall be established a University** by the name of “the Indira Gandhi National Open University”. (2) The headquarters of the University shall be at Delhi and it may establish or maintain Colleges, Regional Centres and Study Centres at such other places in India as it may deem fit. 1[Provided that the University may, with the prior approval of the Visitor, also establish Study Centres outside India.] (3) The first Vice-Chancellor, the first Pro-Vice-Chancellors and the first members of the Board of Management, the Academic Council and the Planning Board 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 “the Indira Gandhi National Open University”. (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. **4. The objects of the University.—The objects of the University shall be to advance and disseminate** learning and knowledge by a diversity of means, including the use of any communication technology, to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally, to encourage the Open University and distance education systems in the educational pattern of the country and to co-ordinate and determine the standards in such systems, and the University shall, in organising its activities, have due regard to the objects specified in the First Schedule. **5. Powers of the University.—(1) The University shall have the following powers, namely:—** (i) to provide for instruction in such branches of knowledge, technology, vocations and professions as the University may determine from time to time and to make provision for research; (ii) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose; (iii) to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the Statutes and Ordinances; (iv) to confer honorary degrees or other distinctions in the manner laid down by the Statutes; (v) to determine the manner in which distance education in relation to the academic programmes of the University may be organised; (vi) to institute professorships, readerships, lecturerships and other academic positions necessary for imparting instruction or for preparing educational material or for conducting other academic activities, including guidance, designing and delivery of course and evaluation of the work done by the students, and to appoint persons to such professorships, readerships, lecturerships and other academic positions; (vii) to co-operate with, and seek the co-operation of, other universities and institutions of higher learning, professional bodies and organisations for such purposes as the University considers necessary; 1. Proviso added by Act 32 of 1997, s. 2 (w.e.f. 29-8-1997). 4 ----- (viii) to institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the University may deem fit; (ix) to establish and maintain such Regional Centres as may be determined by the University from time to time; (x) to establish, maintain or recognise Study Centres in the manner laid down by the Statutes; (xi) to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes and other software; (xii) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff; (xiii) to recognise examinations of, or periods of study (whether in full or part) at, other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the University, and to withdraw such recognition at any time; (xiv) to make provision for research and development in educational technology and related matters; (xv) to create administrative, ministerial and other necessary posts and to make appointments thereto; (xvi) to receive benefactions, donations and gifts and to acquire, hold, maintain and dispose of any property movable or immovable, including trust and Government property, for the purposes of the University; (xvii) to borrow, with the approval of the Central Government, whether on the security of the property of the University or otherwise, money for the purposes of the University; (xviii) to enter into, carry out, vary or cancel contracts; (xix) to demand and receive such fees and other charges as may be laid down by the Ordinances; (xx) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their codes of conduct; (xxi) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition; (xxii) to appoint, either on contract or otherwise, visiting Professors, Emeritus Professors, Consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the University; (xxiii) to recognise persons working in other universities, institutions or organisations as teachers of the University on such terms and conditions as may be laid down by the Ordinances; (xxiv) to determine standards and to specify conditions for the admission of students to courses of study of the University which may include examination, evaluation and any other method of testing; (xxv) to make arrangements for the promotion of the general health and welfare of the employees; (xxvi) to confer autonomous status on a College or a Regional Centre in the manner laid down by the Statutes; (xxvii) to admit to its privileges any College in or outside India subject to such conditions as may be laid down by the Statutes: Provided that no College shall be so admitted except with the prior approval of the Visitor; 5 ----- (xxviii) to do all such acts as may be necessary or incidental to the exercise of all or any of the powers of the University as are necessary and conducive to the promotion of all or any of the objects of the University. (2) Notwithstanding anything contained in any other law for the time being in force, but without prejudice to the provisions of sub-section (1), it shall be the duty of the University to take all such steps as it may deem fit for the promotion of the open university and distance education systems and for the determination of standards of teaching, evaluation and research in such systems, and for the purpose of performing this function, the University shall have such powers, including the power to allocate and disburse grants to Colleges, whether admitted to its privileges or not, or to any other university or institution of higher learning, as may be specified by the Statutes. **6. Jurisdiction.—The University shall in the exercise of its powers have jurisdiction over the whole** of India [1][and to the Study Centres outside India]. **7. University open to all classes, castes and creeds.—(1) 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 appointed as a teacher of the University or to hold any other office therein or admitted as a student in the University, or to graduate thereat, or to enjoy or exercise any privilege thereof. (2) Nothing in sub-section (1) shall be deemed to prevent the University from making any special provision for the appointment or admission of women or of persons belonging to the weaker sections of the society, and in particular, of persons belonging to the Scheduled Castes or Scheduled Tribes. **8. The Visitor.—(1) The President of India shall be the Visitor of the University.** (2) Subject to the provisions of sub-sections (3) and (4), 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, Regional Centre, a Study Centre and also of the examination, instruction 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 and finances of the University. (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 the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, such representations to him 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 an 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 appear in person and to be heard on such inspection or inquiry. (6) The Visitor may address the Vice-Chancellor with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Visitor may be pleased to offer and on receipt of the address made by the Visitor, the Vice-Chancellor shall communicate forthwith to the Board of Management the results of the inspection or inquiry and the views of the Visitor and the advice tendered by him upon the action to be taken thereon. (7) The Board of Management shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry. (8) Where the Board of 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 1. Added by Act 32 of 1997, s. 3, for “whole of India” (w.e.f. 29-8-1997). 6 ----- Board of Management, issue such directions as he may think fit and any Board of Management shall be bound to comply with such directions. (9) Without prejudice to the foregoing Provision s of this section, the Visitor may, by an order in writing, annul any proceedings of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the University to show cause way 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 specified by the Statutes. **9. Officers of the University.—The following shall be the officers of the University:—** (1) The Vice-Chancellor; (2) The Pro-Vice-Chancellors; (3) The Directors; (4) The Registrars; (5) The Finance Officer; and (6) Such other officers as may be declared by the Statutes to be the officers of the University. **10. The Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor in such** manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes. (2) The Vice-Chancellor shall be the principle academic and executive officer of the University, and shall exercise supervision and control over the affairs of the University and give effect to the decisions of the all the authorities of the University. (3) The Vice-Chancellor may, if he is of the 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 the opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final: Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section, shall have the right to appeal against such action to the Board of Management within ninety days from the date on which such action is communicated to him and thereupon the Board of Management may confirm, modify or reverse the action taken by the Vice-Chancellor. (4) The Vice-Chancellor, if he in of the opinion that any decision of any authority is beyond the powers of the authority conferred by the provisions of this Act, Statutes or Ordinances or that any decision taken is not in the interests of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final: Provided that the decision of the authority concerned shall remain suspended during the period of review of such decision by the authority or the Visitor, as the case may be, under this sub-section. (5) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and the Ordinances. **11. The Pro-Vice-Chancellors.—Every Pro-Vice-Chancellor shall be appointed in such manner, on** such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the Statutes. 7 ----- **12. The Directors.—Every Director shall be appointed in such manner, on such emoluments and** other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the Statutes. **13. The Registrars.—(1) Every Registrar shall be appointed in such manner, on such emoluments** and other conditions of service as may be prescribed by the Statutes. (2) A Registrar empowered by the Board of Management shall have the power to enter into, and sign, agreements and authenticate records on behalf of the University. (3) Every Registrar shall exercise such powers and perform such functions as may be prescribed by the Statutes. **14. The Finance Officer.—The Finance Officer shall be appointed in such manner, on such** emoluments and other conditions of service and shall exercise such powers and perform such functions as may be prescribed by the Statutes. **15. Other officers.—The manner of appointment, emoluments, powers and duties of the other** officers of the University shall be prescribed by the Statutes. **16. Authorities of the University.—The following shall be the authorities of the University:—** (1) The Board of Management; (2) The Academic Council; (3) The Planning Board; (4) The Board of Recognition; (5) The Schools of Studies; (6) The Finance Committee; and (7) Such other authorities as may be declared by the Statutes to be the authorities of the University. **17. The Board of Management.—(1) The Board of Management shall be the principal executive** body of the University. (2) The constitution of the Board of Management, the term of office of its members and its powers and functions shall be prescribed by the Statutes. **18. 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, have the control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes. (2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statutes. **19. The Planning Board.—(1) There shall be constituted a Planning Board of the University which** shall be the principal planning body of the University and shall also be responsible for the monitoring of the developments of the University on the lines indicated in the objects of the University. (2) The constitution of the Planning Board, the term of office of its members and its powers and functions shall be prescribed by the Statutes. **20. The Board of Recognition.—(1) The Board of Recognition shall be responsible for admitting** Colleges to the privileges of the University. (2) The constitution and the other powers and functions of the Board of Recognition shall be prescribed by the Statutes. 8 ----- **21. The Schools of Studies.—(1) There shall be such number of Schools of Studies as the University** may determine from time to time. (2) The constitution, powers and functions of the Schools of Studies shall be prescribed by the Statutes. **22. The Finance Committee.—The constitution, powers and functions of the Finance Committee** shall be prescribed by the Statutes. **23. Other authorities.—The constitution, powers and functions of the other authorities which may** be declared by the Statutes to be authorities of the University shall be prescribed by the Statutes. **24. Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the** following matters, namely:— (a) the manner of appointment of the Vice-Chancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him; (b) the manner of appointment of Pro-Vice-Chancellors, Director, Registrars, the Finance Officer and other officers, the emoluments and other conditions of their service and the powers and functions that may be exercised and performed by each of the officers; (c) the constitution of the Board of Management and other authorities of the University, the terms of office of the members of such authorities and the powers and functions that may be exercised and performed by such authorities; (d) the appointment of teachers and other employees of the University, their emoluments and other conditions of service; (e) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the employees of the University; (f) the principles governing the seniority of service of the employees of the University; (g) the procedure in relation to any appeal or application for review by any employee or student of the University against the action of any officer or authority of the University, including the time within which such appeal or application for review shall be preferred or made; (h) the procedure for the settlement of disputes between the employees or students of the University, and the University; (i) the conferment of autonomous status on Colleges and Study Centres; (j) the co-ordination and determination of standards in the open University and distance education systems and the allocation and disbursement of grants to Colleges and other universities and institutions; (k) the conditions that are required to be fulfilled for admission of the Colleges to the privileges of the University; (l) 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 Second Schedule.** (2) The Board of Management 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 Board of Management 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 a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the Board of Management. 9 ----- (3) Every new Statute or addition to the Statutes or any amendment or repeal thereof shall require the approval of the Visitor, who may assent thereto or withhold assent or remit to the Board of Management for re-consideration in the light observations, if any, made by him. (4) A new Statute or a Statute amending or repealing an existing Statute shall not be valid 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. (6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Board of Management is unable to implement such a direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Board of Management for its inability to comply with such direction, make or amend the Statutes suitably. **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, the courses of study and the fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of fellowships, awards and the like; (b) the conduct of examinations, including the terms and conditions and appointment of examiners; (c) the management of Colleges admitted to the privileges of the University; and (d) any other matter which by this Act or the Statutes is to be, or may be, provided for by the Ordinances. (2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Board of Management in the manner prescribed by the Statutes. **27. Regulations.—The authorities of the University may make Regulations consistent with this Act,** the Statutes and the Ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes. **28. Annual report.—(1) The annual report of the University shall be prepared under the directions of** the Board of Management which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects. (2) The annual report so prepared shall be submitted to the Visitor on or before such date as may be prescribed by the Statutes. (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 the Houses of Parliament. **29. Annual accounts, etc.—(1) The annual accounts and the balance-sheet of the University shall be** prepared under the directions of the Board of Management and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or such person or persons as he may authorise in this behalf. (2) A copy of the accounts together with the audit report shall be submitted to the Visitor along with the observations, if any, of the Board of Management. (3) Any observations made by the Visitor on the annual accounts shall be brought to notice of the Board of Management and the views of the Board of Management, if any, on such observations shall be submitted to the Visitor. 10 ----- (4) A copy of the accounts together with the audit report, as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. (5) The audited annual accounts, after having been laid before both the Houses of Parliament, shall be published in the Gazette of India. **30. Conditions of service of employees.—(1) Every employee of the University shall be appointed** under a written contract and such contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances. (2) The contract referred to in sub-section (1) shall be lodged with the University and a copy of which shall be furnished to the employee concerned. **31. Tribunal of Arbitration.—(1) Any dispute arising out of a contract of employment referred to in** section 30 between the University and an employee shall, at the request of either party, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Board of Management, one member nominated by the employee concerned and an umpire to be nominated by the Visitor. (2) Every such reference 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), and all the provisions of that Act, with the exception of section 2 thereof, shall apply accordingly. (3) The procedure for regulating the work of the Tribunal of Arbitration shall be prescribed by the Statutes. (4) The decision of the Tribunal of Arbitration shall be final and binding on the parties, and no suit shall lie in any court in respect of the matters decided by the Tribunal. **32. Provident and pension funds.—(1) The University shall constitute for the benefit of the** employees such provident or pension funds 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 funds, as if it were a Government Provident Fund. **33. Disputes as to the constitution of the 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. **34. Filling of casual vacancies.—All the 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 may be convenient, by the person or body who appoints elects or co-opts the member whose place has become vacant and any 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. **35. Proceedings of the University authorities or bodies not invalidated by vacancies.—No act or** proceedings of any authority or any other body shall be invalidated merely by reason of the existence of any vacancy or vacancies among its members. **36. 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 or the Statutes or the Ordinances. **37. Mode of proof of University record.—A copy of any receipt, application, notice, order,** proceedings, resolution of any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar so designated shall, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force, be admitted as evidence of the matters and transactions specified therein, where the original thereof would, if produced, have been admissible in evidence. 11 ----- **38. 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 Gazette of India, 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 under this section after the expiry of three years from the commencement of this Act. **39. Transitional provisions.—Notwithstanding anything contained in this Act and the Statutes:—** (a) The first Vice-Chancellor, the first Registrars and the first Finance Officer shall be appointed by the Visitor and they shall be governed by the terms and conditions of service specified by the Statutes: Provided that the first Vice-Chancellor shall be eligible for appointment in the manner specified in the Statutes for another term; (b) The first Board of Management shall consist of not more than fifteen members who shall be nominated by the Visitor and they shall hold office for a term of three years; and (c) (i) The first Planning Board shall consist of not more than ten members who shall be nominated by the Visitor and they shall hold office for a term of three years; (ii) The Planning Board shall, in addition to the powers and functions conferred on it by this Act, exercise the powers of the Academic Council, until the Academic Council is constituted under the provisions of this Act and the Statutes, and in the exercise of such powers, the Planning Board may co-opt such members as it may decide. **40. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid** **before Parliament.—(1) Every Statute, Ordinance or Regulation made under this Act shall be published** in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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. 12 ----- THE FIRST SCHEDULE (See section 4) THE OBJECTS OF THE UNIVERSITY 1. The University shall endeavour through education, research, training and extension to play a positive role in the development of the country, and, based on the rich heritage of the country, to promote and advance the culture of the people of India and its human resources. Towards this end, it shall:— (a) strengthen and diversify the degree, certificate and diploma courses related to the needs of employment and necessary for building the economy of the country on the basis of its natural and human resources; (b) provide access to higher education for large segments of the population, and in particular, the disadvantaged groups such as those living in remote and rural areas including working people, housewives and other adults who wish to upgrade or acquire knowledge through studies in various fields; (c) promote acquisition of knowledge in a rapidly developing and changing society and to continually offer opportunities for upgrading knowledge, training and skills in the context of innovations, research and discovery in all fields of human endeavour; (d) provide an innovative system of university level education, flexible and open, in regard to methods and pace of learning, combination of courses, eligibility for enrolment, age of entry, conduct of examination and operation of the programmes with a view to promote learning and encourage excellence in new fields of knowledge; (e) contribute to the improvement of the educational system in India by providing a non-formal channel complementary to the formal system and encouraging transfer of credits and exchange of teaching staff by making wide use of texts and other software developed by the University; (f) provide education and training in the various arts, crafts and skills of the country, raising their quality and improving their availability to the people; (g) provide or arrange training of teachers required for such activities or institutions; (h) provide suitable post-graduate courses of study and promote research; (i) provide the counselling and guidance to its students; and (j) promote national integration and the integrated development of the human personality through its policies and programmes. 2. The University shall strive to fulfill the above objects by a diversity of means of distance and continuing education, and shall function in co-operation with the existing Universities and Institutions of higher learning and make full use of the latest scientific knowledge and new educational technology to offer a high quality of education which matches contemporary needs. 13 ----- THE SECOND SCHEDULE (See section 24) 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 be appointed by the Visitor from out of a panel of not less than three persons recommended (the names being arranged in the alphabetical order) by a committee constituted under clause (3): Provided that if the Visitor does not approve of any of the persons so recommended he may call for fresh recommendations. (3) The committee referred to in clause (2) shall consist of three members of whom two shall be nominated by the Board of Management and one by the Visitor, and the person nominated by the Visitor shall be the Convenor of the committee: Provided that no person who is an employee of the University or of any affiliated College or a member of any authority of the University shall be nominated to be a member of the Committee. (4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for reappointment: Provided that the Visitor may require any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year as may be specified by him. (5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:— (i) There shall be paid to the Vice-Chancellor a salary of Rs. 3,000 per month and he would be entitled to the free use of 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) In addition to the salary specified in sub-clause (i), the Vice-Chancellor shall be entitled to such other allowances as are admissible to University employees from time to time. (iii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Board of Management with the approval of the Visitor from time to time: Provided that where an employee of the University or a College or of any other university or any institution maintained by or affiliated to such other university is appointed as the ViceChancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which such person had been contributing immediately before his appointment as Vice-Chancellor: Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme. (iv) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Board of Management. (v) The Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service. (vi) In addition to the leave referred to in sub-clause (v), the Vice-Chancellor shall be entitled to half pay leave at the rate of twenty days per year of every completed year of service and the half pay leave may be availed of as commuted leave on full pay on medical certificate. (6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the senior-most 14 ----- Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor, and if there is no Pro-Vice-Chancellor, the senior-most Director shall perform the functions of the Vice-Chancellor until the new Vice-Chancellor assumes his office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be. 2. Powers and functions of the Vice-Chancellor (1) The Vice-Chancellor shall be ex officio Chairman of the Board of Management, the Academic Council, the Planning Board, and the Finance Committee. (2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any other authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, Ordinances and Regulations are duly observed and he shall have all the powers necessary to ensure such observance. (4) The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect to the decisions of all the authorities of the University. (5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he may deem fit. (6) The Vice-Chancellor shall be empowered to grant leave to any officer of the University and make necessary arrangements for the discharge of the functions of such officer during his absence. (7) The Vice-Chancellor shall grant leave of absence to any employee of the University in accordance with the rules and if he so desires, delegate such powers to another officer of the University. (8) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Board of Management, the Academic Council, the Planning Board and the Finance Committee. (9) The Vice-Chancellor shall have the following further powers, namely:— (i) to appoint such Professors, Readers, Lecturers and other teachers as may be necessary with the prior approval of the Board of Management; (ii) to appoint course writers, script writers, counsellors, programmers, artists and such other persons as may be considered necessary for the efficient functioning of the University; (iii) to make short-term appointments for a period not exceeding six months at a time, of such persons as may be considered necessary for the functioning of the University; (iv) to arrange for the establishment and maintenance of Regional and Study Centres at different places as may be required from time to time and delegate to any employee such powers as are necessary for their efficient functioning. 3. The Pro-Vice-Chancellors (1) Every Pro-Vice-Chancellor shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor: Provided that if any recommendation of the Vice-Chancellor is not accepted by the Board of Management, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or request the Vice-Chancellor to recommend another person for consideration by the Board of Management: Provided further that the Board of Management may, on the recommendation of the Vice Chancellor, appoint a Professor to perform the functions of a Pro-Vice-Chancellor in addition to his own functions as a Professor. 15 ----- (2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Board of Management, but it shall not in any case exceed three 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 a Pro-Vice-Chancellor shall, while performing the functions of the Vice-Chancellor under clause (6) of Statute 1, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor until a new Vice-Chancellor assumes his office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be (3) (a) The salary of a Pro-Vice Chancellor shall be Rs. 2,750 per month and where a Professor is appointed to perform the functions of a Pro-Vice-Chancellor in addition to his own functions as such Professor, he shall draw his pay in his substantive post plus a special pay of Rs. 500 per month, whichever is less. (b) Every Pro-Vice-Chancellor shall be entitled, without payment of rent, to the use of a furnished residence throughout his term of office and no charge shall fall on the Pro-Vice-Chancellor personally in respect of maintenance of such residence. (c) In addition to the salary specified in sub-clause (a), a Pro-Vice-Chancellor shall be entitled to such other allowances as are admissible to the employees of the University from time to time. (d) Every Pro-Vice-Chancellor shall be entitled to such terminal benefits as may be fixed by the Board of Management from time to time. (e) The Pro-Vice-Chancellor shall be entitled to subscribe to the contributory provident fund of the University till the end of his tenure: Provided that where an employee of the University or a College or of any University or institution maintained by or affiliated to such other University is appointed as a Pro-Vice-Chancellor, he shall continue to be governed by the same retirement benefit scheme to which he was entitled prior to his appointment as Pro-Vice-Chancellor till he continues to hold his lien on that post, but under this provision, the pay for the purpose of subscription to the General Provident Fund and subscription to the University Contributory Provident Fund shall be the pay drawn by him as Pro-Vice-Chancellor. (f) Every 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 functions as may be delegated to him by the Vice-Chancellor. 4. The Directors (1) Every Director shall be appointed by the Board of Management on the recommendation of— (i) the Vice-Chancellor, in case the candidate to be appointed is already a teacher of the University; and (ii) a Selection Committee constituted for the purpose, in case the candidate to be appointed is from outside the University. (2) Every Director shall be a whole-time salaried officer of the University: Provided that one of the Directors shall be in charge of the administrative affairs of the teachers. (3) The emoluments and other conditions of service of the Director shall be prescribed by the Ordinances: Provided that a Director shall retire on attaining the age of sixty years. (4) A Director shall exercise such powers and perform such functions as may be prescribed by the Ordinances. 16 ----- 5. The Registrar (1) Every Registrar shall be appointed by the Board of Management on the recommendation of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) The emoluments and other conditions of service of a Registrar shall be prescribed by the Ordinances: Provided that a Registrar shall retire on attaining the age of sixty years. (3) A Registrar designated by the Board of Management shall have power to take disciplinary action against such of the employees, excluding teachers and other members as may be specified by the Board of Management by order. (4) An appeal shall lie to an office so designated by the Board of Management against any order made by the Registrar in pursuance of clause (3). (5) In cases where an inquiry discloses that a punishment beyond the powers of a Registrar is called for, the Registrar shall, consequent to the enquiry, make a report to the Vice-Chancellor along with his recommendations for such action as the Vice-Chancellor may deem fit: Provided that an appeal shall lie to the Board of Management against an order of the Vice Chancellor imposing any penalty. (6) Such of the Registrars as is designed by the Board of Management shall be— (i) the Secretary to the Board of Management; (ii) the Member-Secretary of the Academic Council; (iii) the Member-Secretary of the Planning Board. (7) A Registrar so designated shall— (a) be the custodian of the records, the common seal and such other properties of the University as the Board of Management may commit to his charge; (b) issue notices and convene meetings of the Board of Management, the Academic Council and the Planning Board and of the committees appointed by those authorities; (c) keep the minutes of the meetings of the Board of Management, the Academic Council and the Planning Board and of the committees appointed by such authorities; (d) conduct the official proceedings and correspondence of the Board of Management, the Academic Council and the Planning Board; (e) supply to the Visitor, a copy 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) represent the University in suits or proceedings, by or against the University, sign powers of attorney, verify pleadings and depute his representative for the purpose; (g) perform such other functions as may be specified in the Statutes, Ordinances or Regulations or as may be required from time to time by the Board of Management or the ViceChancellor. 6. The Finance Officer (1) The Finance Officer shall be appointed by the Board of Management on the recommendation of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University, and shall work under the control of the Vice-Chancellor. (2) The emoluments and other conditions of service of the Finance Officer shall be prescribed by the Ordinances: Provided that the Finance Officer shall retire on attaining the age of sixty years. 17 ----- (3) When the office of the Finance Officer is vacant or when the Finance Officer is by reason of ill health, absence or any other cause unable to perform his functions as Finance Officer, his functions shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (4) The Finance Officer shall— (a) exercise general supervision of the funds of the University and advise it as regards its financial policies; (b) perform such other financial functions as may be assigned to him by the Board of Management or as may be prescribed by the Statutes or the Ordinances: Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding one lakh of rupees without the previous approval of the Board of Management. (5) Subject to the control of the Vice-Chancellor and the Board of Management, the Finance Officer shall— (a) hold and manage the properties and investments of the University, including trust and immovable properties for fulfilling any of the objects of the University; (b) ensure that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and the money is expended or spent for the purposes for which it was granted or allotted; (c) be responsible for the preparation of the annual accounts and the budget of the University and for their presentation to the Board of Management after they have been considered by the Finance Committee; (d) keep a constant watch on the cash and bank balances and investments; (e) watch the progress of collection of revenue and advise on the methods of collection employed; (f) ensure that the registers of properties of the University are maintained properly and that stock checking is conducted of equipments and other materials in the offices of the University including Regional Centres, Study Centres and other institutions maintained by the University; (g) bring to the notice of the Vice-Chancellor any unauthorised expenditure or other financial irregularities and suggest appropriate action against persons at fault; (h) call from any office of the University, including Regional Centres, Study Centres and other institutions maintained by the University, any information or reports that he may consider necessary for the performance of his functions. (6) Any receipt given by the Finance Officer or by the person or persons duly authorised in this behalf by the Board of Management shall be a sufficient discharge for payment of moneys to the University. 7. Powers and functions of the Board of Management (1) The Board of Management shall have the power of 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 the Act, the Statutes and the Ordinances, the Board of Management shall, in addition to the other powers vested in it under the Statutes have the following powers, namely:— (a) to create teaching and other academic posts and to define the functions and conditions of service of Professors, Readers, Lecturers and other teachers and other academic staff employed by the University; (b) to prescribe qualifications for teachers and other academic staff; 18 ----- (c) to approve the appointment of such Professors, Readers, Lecturers and other teachers and academic staff as may be necessary on the recommendations of the Selection Committees constituted for the purpose; (d) to approve appointments to temporary vacancies of any academic staff; (e) to specify the manner of appointment of temporary vacancies of academic staff; (f) to provide for the appointment of visiting Professors, Emeritus Professors, Fellows, artists and writers and determine the terms and conditions of such appointments; (g) to manage and regulate the finances, accounts, investments, property of the University and all other affairs of the University and to appoint such agents as may be considered fit; (h) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it thinks fit or in the purchase of immovable property in India with like power of varying such investment from time to time, provided that no action under this clause shall be taken without consulting the Finance Committee; (i) to create administrative, ministerial and other necessary posts after taking into account the recommendations of the Finance Committee and to specify the manner of appointment thereto; (j) to regulate and enforce discipline amongst the employees in accordance with the Statutes and Ordinances; (k) to transfer or accept transfers of any immovable or movable property on behalf of the University; (l) to entertain, adjudicate upon, or redress the grievances of the employees and the students of the University who may, for any reason, feel aggrieved; (m) to fix the remuneration payable to course writers, counsellors, examiners and invigilators, and travelling and other allowances payable, after consulting the Finance Committee; (n) to select the common seal for the University and to provide for the use of such seal; (o) to delegate any of its powers to the Vice-Chancellor, Pro-Vice-Chancellors, Registrars, the Finance Officer or any other officer, employee or authority of the University, or to a committee appointed by it; (p) to institute fellowships, scholarships, studentships; and (q) to exercise such other powers and perform such other functions as may be conferred or imposed on it by the Act or the Statutes. (3) The Board of Management shall exercise all the powers of the University not otherwise provided for by the Act, Statutes, Ordinances and the Regulations for the fulfilment of the objects of the University. 8. Quorum for a meeting of the Board of Management Six members of the Board of Management shall form a quorum for a meeting of the Board. 9. Power of the Academic Council Subject to the Act, the Statutes and the Ordinances, the Academic Council shall in addition to all other powers vested in it under the Statutes, shall 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, evaluation or research or improvement in academic standards; (b) to consider matters of general academic interest either on its own initiative or on a reference from the Planning Board or a School of Studies or the Board of Management and to take appropriate action thereon; and 19 ----- (c) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, including discipline, admissions, award of fellowships and studentships, fees and other academic requirements. 10. The Planning Board (1) The Planning Board shall consist of the more than ten members. (2) All the members of the Planning Board, other than the Vice-Chancellor, shall hold office for a term of three years. (3) It shall be the responsibility of the Planning Board to design and formulate appropriate programmes and activities of the University, and it shall, in addition, have the right to advise the Board of Management and the Academic Council on any matter which it may deem necessary for the fulfilment of the objects of the University: Provided that in case there is any difference of opinion between the Planning Board and the Academic Council on any matter, it shall be referred to the Board of Management whose decision shall be final. (4) The Planning Board may constitute such committees as may be necessary for planning and monitoring the programmes of the University. (5) The Planning Board shall meet at such intervals as it shall deem expedient, but it shall meet at least twice in a year. 11. The Finance Committee (1) The Finance Committee shall consist of not more than seven members. (2) All the members of the Finance Committee, other than the Vice-Chancellor, shall hold office for a term of three years from the dates on which they become members of the Committee. (3) Four members of the Finance Committee shall form a quorum for a meeting of the Committee. (4) The Finance Committee shall meet at least thrice a year to examine the accounts and scrutinise the expenditure. (5) All proposals relating to revision of grade, upgradation of the scales and those items which are not included in the budget, shall be examined by the Finance Committee before they are considered by the Board of Management. (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 Board of Management within the overall ceiling fixed by the Committee. (7) The Finance Committee shall fix the limits for the total recurring and non-recurring expenditure for the year, based on income and resources of the University, and no expenditure shall be incurred by the University in excess of the limits so fixed. 12. Selection Committees (1) There shall be Selection Committee for making recommendations to the Board of Management for appointments to the posts of Professors, Readers, Lecturers and other academic staff and heads of institutions maintained by the University. (2) Each of the Selection Committees for appointment to the post of Professors, Readers, Lecturers and the academic staff shall consist of the following members, namely:— (a) the Vice-Chancellor; (b) a Pro-Vice-Chancellor or the Director of the School concerned nominated by the Vice-Chancellor; (c) a person nominated by the Visitor; and 20 ----- (d) three experts not connected with the University to be nominated by the Vice-Chancellor in such manner as may be specified in the Ordinances. (3) The quorum for a meeting of a Selected Committee shall be four, which will include at least two experts. (4) The procedure to be followed by the Selection Committee in making recommendations shall be laid down in the Ordinances. (5) If the Board of the Management is unable to accept the recommendations made by a Selection Committee, it shall record its reasons for such non-acceptance and submit the case to the Visitor for final orders. 13. Special mode of appointment (1) Notwithstanding anything contained in Statute 12, the Board of Management may invite a person of high academic distinction and professional attainments to accept the post of a Professor or a Reader or equivalent academic post in the University on such terms and conditions as it may deem fit, and appoint the person to such post. (2) The Board of Management may appoint a teacher or any other academic staff working in any other university or organisation for teaching or for undertaking a project or any work on such terms and conditions as may be determined by the Board in accordance with the manner specified by the Statutes. 14. Appointment for a fixed tenure The Board of Management may appoint a person selected in accordance with the procedure laid down in the Statutes for a fixed tenure on such terms and conditions as it may deem fit. 15. Recognised Teachers (1) The qualifications for recognition of persons working in other universities, Institutions or organisations as teachers shall be prescribed by the Ordinances. (2) The manner of recognising teachers, the period of recognition and withdrawal of recognition shall be prescribed by the Ordinances. 16. Committees (1) 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. (2) Any committee appointed under clause (1) may deal with any subject delegated to it subject to the subsequent confirmation by the authority appointing it. 17. Terms and conditions of service and code of conduct of the teachers and other academic staff of _the University_ (1) All the teachers and other academic staff of the University shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes and the Ordinances. (2) Every teacher and member of other academic staff of the University shall be appointed on a written contract, the form of which shall be specified in the Statutes. (3) A copy of every contract referred to in clause (2) shall be deposited with the Registrar. _18. Terms and conditions of service and code of conduct of other employees of the University_ All the employees of the University, other than the teachers and other academic staff of the University, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes and the Ordinances. 21 ----- 19. Removal of employees of the University (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of the teacher or member of the academic staff, and the authority competent to the appoint (hereinafter referred to as appointing authority) in the case of other employee, may, by order in writing, place such teacher, member of the academic staff or other employee under suspension and shall forthwith report to the Board of Management the circumstances in which the order was made. (2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Board of Management in respect of teachers and other academic staff, and the appointing authority, in respect of other employees, shall have the power to remove a teacher or a member of the academic staff, or as the case may be, other employee on grounds of misconduct. (3) Save as aforesaid, the Road of Management, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months notice or on payment of three months’ salary in lieu thereof. (4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made: Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension. (6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,— (a) if he is a permanent employee, only after giving three months’ notice in writing to the Board a Management or the appointing authority, as the case may be, or by praying three months’ salary in lieu thereof; (b) if he is not a permanent employee, only after giving one month’s notice in writing to the Board of Management or, as the case may be, the appointing authority or by paying one month’s salary in lieu thereof: Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Board of Management or the appointing authority, as the case may be. 20. Maintenance of discipline amongst students of the University (1) The powers regarding discipline and disciplinary action in regard to the students of the University shall vest with the Vice-Chancellor. The Vice-Chancellor may delegate all or any of his powers, as he may deem fit. (2) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action as he may deem appropriate of the maintenance of discipline, the Vice-Chancellor may, in the exercise of his power, by order, direct that any student or students be expelled or rusticated for a specified period and not admitted to a course or courses of study in the University or a recognised institution for a stated period, or be punished with a fine for an amount to be specified in the order, or debar him from taking an examination or examinations conducted by the University or a recognised institution for one or more years or that the result of the student or students concerned in the examination or examinations in which he or she has appeared to be cancelled. (3) The heads of recognised institutions shall have the authority to exercise all such disciplinary powers over the students in their respective institutions as may be necessary for proper conduct of such institution. 22 -----

4-Sep-1985

53

The Pondicherry University Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1862/1/198553.pdf

central

THE PONDICHERRY UNIVERSITY ACT, 1985 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. The University. 4. Objects. 5. Powers of the University. 6. Establishment of certain Schools. 7. Jurisdiction. 8. University open to all classes, castes and creed. 9. Visitor. 10. Chief Rector. 11. Officers of the University. 12. The Chancellor. 13. The Vice-Chancellor. 14. Directors. 15. Deans of Schools. 16. The Registrar. 17. The Finance Officer. 18. Other officers. 19. Authorities of the University. 20. The Court. 21. The Executive Council. 22. The Academic Council. 23. The Planning Board. 24. Other authorities of the University. 25. Power to make Statutes. 26. Statutes how to be made. 27. Ordinances. 28. Regulations. 29. Annual report. 30. Annual accounts. 31. Conditions of service of employees. 32. Procedure of appeal and arbitration in disciplinary cases against students. 1 ----- SECTIONS 33. Right to appeal. 34. Provident and pension funds. 35. Disputes as to constitution of University authorities and bodies. 36. Constitution of committees. 37. Filling of casual vacancies. 38. Proceedings of University authorities or bodies not invalidated by vacancies. 39. Protection of action taken in good faith. 40. Mode of proof of University record. 41. Power to remove difficulties. 42. Transitional provisions. 43. Completion of courses of studies in colleges and institutions affiliated to the University. 44. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. THE SCHEDULE. 2 ----- # THE PONDICHERRY UNIVERSITY ACT, 1985 ACT NO. 53 OF 1985 [4th September, 1985.] # An Act to establish and incorporate a teaching and affiliating University in the Union territory of Pondicherry and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Pondicherry University** Act, 1985. (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, 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” and “Vice-Chancellor” mean, respectively, the Chancellor and 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) “Director” means any of the Directors referred to in clauses (3), (4) and (5) of section 11; (i) “employee” means any person appointed by the University, and includes teachers and other staff of the University; (j) “Executive Council” means the Executive Council of the University; (k) “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; (l) “Institution” means an academic institution, not being a College, maintained by, or admitted to the privileges of the University; (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 acting Principal, a Vice-Principal duly appointed as such; (n) “recognised institution” means an institution of higher learning recognised by the University; (o) “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; (p) “School” means a School of Studies of the University; (q) “Statutes”, “Ordinances” and “Regulations” mean, respectively, the Statutes, Ordinances and Regulations of the University for the time being in force; 1. 16th October, 1985, vide notification No. S.O. 751(E), dated 14th October, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- (r) “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; (s) “University” means the Pondicherry University. **3. The University.—(1) There shall be established a University by the name of “Pondicherry** University”. (2) The headquarters of the University shall be at Pondicherry and 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 by a body corporate by the name of “Pondicherry 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 and by the example of its corporate life, and, in particular, to make special provisions for studies in French and for integrated courses for humanity 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 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 provide for and organise studies in French; (3) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (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; (8) to recognise an Institution of higher learning for such purposes as the University may determine and to withdraw such recognition; (9) to recognise persons for imparting instruction in any College or Institution admitted to the privileges of the University; (10) to appoint persons working in any other university or organisation as teachers of the University for a specified period; (11) to create administrative, ministerial and other posts and to make appointments thereto; (12) 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; 4 ----- (13) 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; (14) to institute and award fellowships, scholarships, studentships, medals and prizes; (15) to establish and maintain Colleges, Institutions and Halls; (16) 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; (17) to admit to its privileges Colleges and Institutions not maintaned 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; (18) to declare a College, an Institution or a Department as an autonomous College or an Institution or a Department, as the case may be; (19) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing; (20) to demand and receive payment of fees and other charges; (21) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (22) to make special arrangements in respect of women students as the University may consider desirable; (23) 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; (24) to make arrangements for promoting the health and general welfare of the employees; (25) to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University; (26) 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; (27) 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. Establishment of certain Schools.—The University shall also establish a School for studies in** Eastern and Western Thought to be known as “Sri Aurobindo School of Eastern and Western Thought” and another School for studies in Tamil language and literature to be known as “Subramania Bharati School of Tamil Language and Literature”. **7. Jurisdiction.—(1) The jurisdiction of the University shall extend to the whole of the Union** territory of Pondicherry: Provided that the University may, at the request of the Administrator of the Union territory of the Andaman and Nicobar Islands or of the Union territory of Lakshadweep and with the prior approval of the Central Government, extend its jurisdiction to those territories. (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 5 ----- university except with the previous approval of the Administrator of the Union territory in which such college or institution is situated. **8. University open to all classes, castes and creed.—(1) 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 the weaker sections of the people and, in particular, of the Scheduled Castes and the Scheduled Tribes. (2) French nationals of Indian origin who have been permitted to long-term residence in the Union territory of Pondicherry under the provisions of the Treaty of Cession shall also be eligible for admission to the University. _Explanation.—Treaty of Cession has the meaning assigned to it in the Pondicherry (Administration)_ Act, 1962 (49 of 1962). **9. 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 Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. (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 proposes to take or has been taken upon the result of such inspection or inquiry. 6 ----- (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: 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. **10. Chief Rector.—The Administrator of the Union territory of Pondicherry shall be the Chief Rector** of the University. **11. Officers of the University.—The following shall be the officers of the University:—** (1) The Chancellor; (2) The Vice-Chancellor; (3) The Director of Studies, Educational Innovations and Rural Reconstruction; (4) The Director of Culture and Cultural Relations; (5) The Director of Physical Education, Sports, National Service and Students Welfare; (6) The Deans of Schools; (7) The Registrar; (8) The Finance Officer; and (9) Such other officers as may be declared by the Statutes to be officers of the University. **12. 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. **13. 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. 7 ----- (4) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances. **14. Directors.—The Directors shall be appointed in such manner and shall exercise such powers and** perform such duties as may be prescribed by the Statutes. **15. 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. **16. 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. **17. 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. **18. Other officers.—The manner of appointment and powers and duties of other officers of the** University shall be prescribed by the Statutes. **19. 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; (5) The Planning Board; and (6) Such other authorities as may be declared by the Statutes to be authorities of the University. **20. 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. **21. 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. **22. 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. **23. The Planning Board.—(1) There shall be constituted in the University, a Planning Board, which** shall be an authority of the University. 8 ----- (2) The constitution of the Planning Board, term of office of its members and its powers and duties shall be prescribed by the Statutes. **24. 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. **25. 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 fellowhips, 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. **26. Statutes how to be 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. 9 ----- (3) Every new Statute or addition to the Statute or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for consideration. (4) A new Statute or a statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in 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. **27. 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 necssary 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. 10 ----- **28. Regulations.—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. **29. 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 Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Visitor along with its comments, if any. (3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament. **30. 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) A copy of the annual accounts, together with the report of the 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. **31. 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 Tribnal 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 (10 of 1940). **32. 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 31 shall, as far as may be, apply to a reference made under this sub-section. **33. 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. 11 ----- **34. 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 fund or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund, as if it were a Government provident fund. **35. 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. **36. 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 person (if any) as the authority in each case may think fit. **37. 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. **38. 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. **39. 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 the Ordinances. **40. 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. **41. 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. **42. 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; 12 ----- (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. **43. Completion of courses of studies in colleges and 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 Pondicherry University, was studying for a degree, diploma or certificate of the University of Madras, the University of Calicut or the Andhra University, shall be permitted by the Pondicherry University to complete his courses for that degree, diploma or certificate, as the case may be, and the Pondicherry University and such college or institution shall provide for the instructions and examination of such student in accordance with the syllabus of studies of the respective University. **44. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid** **before Parliament.—(1) Every Statute, Ordinance or Regulation made under this Act shall be published** in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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. THE SCHEDULE [See section 26(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. 13 ----- (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 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 the 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 the duties owing to absence, illness or any other cause, the senior-most Director 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. **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, the 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. Directors.—(1) (a) The Director of Studies, Educational Innovations and Rural Reconstruction** 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 salaried officer of the University. (b) The emoluments and other conditions of service of the Director of Studies, Educational Innovations and Rural Reconstruction shall be such as may be prescribed by the Ordinances. (c) The Director of Studies, Educational Innovations and Rural Reconstruction shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. 14 ----- (d) Subject to the general supervision of the Academic Council, the Director of Studies, Educational Innovations and Rural Reconstruction shall be responsible for organising studies, educational innovations and academic programmes of the University. (e) The Director of Studies, Educational Innovations and Rural Reconstruction shall have such powers and perform such functions in his field as may be determined or delegated to him by the Academic Council and the Vice-Chancellor. (2) (a) The Director of Culture and Cultural Relations 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 salaried officer of the University. (b) The emoluments and other conditions of service of the Director of Culture and Cultural Relations shall be such as may be prescribed by the Ordinances. (c) The Director of Culture and Cultural Relations shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. (d) Subject to the general supervision of the Vice-Chancellor, the Director of Culture and Cultural Relations shall— (i) co-ordinate teaching and research on the Indian culture and its relations with the cultures of other countries; (ii) organise dissemination, through various media, of the cultural treasures in the field of art, literature and music; (iii) be responsible for relationship with institutions and agencies of culture of India and abroad. (3) (a) The Director of Physical Education, Sports, National Service and Student Welfare 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 salaried officer of the University. (b) The emoluments and other conditions of service of the Director of Physical Education, Sports, National Service and Student Welfare shall be such as may be prescribed by the Ordinances. (c) The Director of Physical Education, Sports, National Service and Student Welfare shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. (d) The Director of Physical Education, Sports, National Services and Student Welfare shall co-ordinate the activities of the University in respect of physical education, sports, national service and student welfare and other activities that involve student participation in community development. (e) The Director of Physical Education, Sports, National Service and Student Welfare shall have such other powers and perform such other functions in his field as may be determined or delegated to him by the Executive Council and 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 15 ----- 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 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 the 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. 16 ----- (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 the 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 properly 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, and 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 Director 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. 17 ----- **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. 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. **9. Librarian.—(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. **10. 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 the senior-most Director, or if there is no Director, by the Registrar. **11. Quorum for meetings of the Executive Council.—Five members of the Executive Council shall** form a quorum for a meeting of the Executive Council. **12. Powers and functions of the 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, the Statutes and the Ordinance, 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 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; 18 ----- (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 the 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, share 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 Directors, 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 the Act, or the Statutes. **13. Quorum for meetings of the Academic Council.—Nine members of the Academic Council** shall form a quorum for a meeting of the Academic Council. **14. Powers of the Academic Council.—Subject to the Act, the 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 instructions, co-operative teaching among Colleges and Institutions, evaluation of research or improvements in academic standards; 19 ----- (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 the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fees concessions, corporate life and attendance. **15. The Planning Board.—(1) The Planning Board shall consist of the following members,** namely:— (a) the Vice-Chancellor; (b) all Directors; (c) two nominees of the Chancellor; (d) five members of the Academic Council nominated by the Vice-Chancellor; (e) two officers of the University nominated by the Vice-Chancellor. (2) The Vice-Chancellor shall be the Chairman of the Planning Board and the Director of Studies, Educational Innovations and Rural Reconstruction shall act as the Secretary to the Planning Board and he shall convene the meetings of the Planning Board after consultation with the Vice-Chancellor. (3) The Planning Board shall be the principal planning body of the University and shall be responsible for— (a) reviewing the educational programmes offered by the University; (b) organising the structure of education in the University so as to provide opportunities to students to offer different combinations of subjects appropriate for the development of personality and skills for useful work in society; (c) creating an atmosphere and environment conducive to value oriented education; and (d) developing new teaching-learning processes which will combine the lectures, tutorials, seminars, demonstrations, self-studies and collective practical projects. (4) The Planning Board shall have the power to advise on the development of the University and review the progress of implementation of programmes so as to ascertain whether they are on the lines recommended by it and shall also have the power to advise the Executive Council and the Academic Council on any matter in connection therewith. (5) The Academic Council and the Executive Council shall be bound to consider the recommendations made by the Planning Board and shall implement such of the recommendations as are accepted by it. (6) Such of those recommendations of the Planning Board as have not been accepted by the Executive Council or the Academic Council under sub-section (6) shall be submitted by the Vice-Chancellor, along with the recommendations of the Executive Council or the Academic Council, to the Visitor for advice and the advice of the Visitor shall be implemented by the Executive Council or the Academic Council, as the case may be. **16. 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. 20 ----- (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 the 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; (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. **17. 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 the 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. **18. Finance Committee.—(1) The Finance Committee shall consist of the following members,** namely:— (i) The Vice-Chancellor; (ii) A Director 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. 21 ----- (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). **19. Selection Committees.—(1) There shall be Selection Committees for making recommendations** to the Executive Council for appointment to the posts of Director, 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 Director (if any) 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 Director Not less than three eminent persons, not in the service of the University or members of the Executive Council or Academic Council to be nominated by the Executive Council out of the panel of not less than six names recommended by the Academic Council for their special knowledge of, or interest in, the subjects with which the Director to be appointed will be concerned. 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. Librarian (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. 22 ----- 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 Director, 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 Director. (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 the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be. **20. Special mode of appointment.—(1) Notwithstanding anything contained in Statute 19, 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 the 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. **21. Appointment for a fixed tenure.—The Executive Council may appoint a person selected in** accordance with the procedure laid down in Statute 19 for a fixed tenure on such terms and conditions as it deems fit. **22. 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. 23 ----- (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 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. **23. 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. **24. 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 the 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. **25. Seniority lists.—(1) Whenever, in accordance with the Statutes, any person is to hold an office or** be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the Executive Council may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of the 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. **26. 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. 24 ----- (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 the 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. **27. 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. (4) Notwithstanding anything contained in the 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 month’ 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 months’ salary in lieu thereof: Provided that such resignation shall take effect from the date on which the resignation is accepted by the appointing authority. **28. 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. **29. 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. 25 ----- **30. 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 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. **31. 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. **32. 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; 26 ----- (d) the adequacy of financial provision made for the continued maintenance of the College or Institution; and (e) such other matters as are essential for the maintenance of the standards of University education. (iii) No College or Institution shall be admitted to any privileges of the University except on the recommendation of the Academic Council made after considering the report of a Committee of Inspection appointed for the purpose by the Academic Council. (iv) Colleges and Institutions desirous of admission to any privileges of the University shall be required to intimate their intention to do so in writing so as to reach the Registrar not later than the 15th August, preceding the year from which permission applied for is to have effect. (v) A College or an Institution shall not, without the previous permission of the Executive Council 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 Committed 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. **33. 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. **34. 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. 27 ----- **35. 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. **36. 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. **37. Residence condition for membership and office.—Notwithstanding anything contained in the** 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. **38. Membership, of authorities by virtue of membership of other bodies.—Notwithstanding** anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. **39. 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. **40. Students’ Council.—(1) There shall be constituted in the University, a Students’ Council for** every academic year, consisting of:— (a) the Director of Physical Education, Sports, National Service and Students’ Welfare who shall be the Chairman of the Students’ Council; (b) all students who have won prizes in the previous academic year in the fields of studies, fine arts, sports and extension work; (c) twenty students to be nominated by the Academic Council on the basis of merit in studies, sports, extra-curricular activities and all-round development of personality: Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students’ Council if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration. (2) The functions of the Students’ Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students’ welfare and other matters of importance in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion. 28 ----- (3) The Students’ Council shall meet at least once in an academic year preferably in the beginning of that year. **41. Ordinances how made.—(1) The first Ordinances made under sub-section (2) of section 27 may** be amended, repealed or added to at one time by the Executive Council in the manner specified below. (2) No Ordinance in respect of the matters enumerated in section 27, 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, he Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, he draft may be sent back to the Executive Council which shall either adopt if 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. **42. Regulations.—(1) The authorities of the University may make Regulations consistent with the** Act, and the Statutes and the Ordinances:— (a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (b) providing for all matters which are required by the Act, the 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 the Act, the Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Executive Council may direct the amendment in such manner as it may specify, of any Regulation made under the Statutes or the annulment of any such Regulation. **43. Delegation of powers.—Subject to the provisions of the Act and the Statutes, any officer or** authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. 29 -----

6-Sep-1985

58

The Intelligence Organisations (Restriction of Rights) Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1811/4/A1985-58.pdf

central

# THE INTELLIGENCE ORGANISATIONS (RESTRICTION OF RIGHTS) ACT, 1985 ____________ # ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Restrictions respecting right to form association, freedom of speech, etc. 4. Penalty. 5. Offences to be cognizable. 6. Power to amend Schedule. 7. Power to make rules. THE SCHEDULE. 1 ----- # THE INTELLIGENCE ORGANISATIONS (RESTRICTION OF RIGHTS) ACT, 1985 # ACT NO. 58 OF 1985 [6th September, 1985.] # An Act to provide for the restriction of certain rights conferred by Part III of the Constitution in their application to the members of certain organisations established by the Central Government for purposes of intelligence or counter-intelligence so as to ensure the proper discharge of their duties and the maintenance of discipline among them. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— # 1. Short title, extent and commencement.—(1) This Act may be called the Intelligence Organisations (Restriction of Rights) Act, 1985. (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) “Intelligence Organisation” means any organisation established by the Central Government for purposes of intelligence or counter-intelligence and specified in the Schedule; (b) “member of an Intelligence Organisation” means any person appointed to, or employed in, any Intelligence Organisation; (c) “prescribed” means prescribed by rules made under this Act. **3. Restrictions respecting right to form association, freedom of speech, etc.—(1) No member of** an Intelligence Organisation shall,— (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, or raise funds for, or hold office in, or function in any other manner for, any other society, institution, association or organisation that is not recognised by the Central Government as part of the Intelligence Organisation of which he is a member 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, pamphlet, poster or other document except with the prior permission of the head of the Intelligence Organisation; or (d) except for purposes of official duty, contact, or communicate with any person on any matter relating to functioning, structure, personnel or organisational affairs of the Intelligence Organisation of which he is a member; (e) use the name of the Intelligence Organisation of which he is a member for purposes not authorised by the head of the Intelligence Organisation or in any other manner except for purposes relating to the official work and functioning of the Organisation itself. _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 an Intelligence Organisation, 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. 1. 9th December, 1985, vide notification No. S.O. 885(E), dated 9th December, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- **4. Penalty.—Any person who contravenes any of the provisions of section 3 shall, without prejudice** to any other action that may be taken against him, 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. **5. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974),all offences punishable under section 4 shall be cognizable. **6. Power to amend Schedule.—(1) The Central Government may, be notification in the Official** Gazette, amend the Schedule by including therein any other organisation established by the Central Government for purposes of intelligence or counter-intelligence or by omitting therefrom any organisation already specified therein and on the publication of the notification, such organisation shall be deemed to be specified in, or, as the case may be, omitted from, the Schedule. (2) A copy of every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before each House of Parliament. **7. 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) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. **__________** THE SCHEDULE [See section 2(a) and section 6(1)] 1. The Intelligence Bureau. 2. The Research and Analysis Wing. 1[3. Directorate General of Security.] 2[4. The National Technical Research Organisation.] 1. Ins. by notification No S.O. 208(E), dated 12th March, 1987. 2. Ins. by notification No. S.O. 1548(E), dated 12th May, 2017. 3 -----

6-Sep-1985

59

The Judges (Protection) Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1858/1/198559.pdf

central

# THE JUDGES (PROTECTION) ACT, 1985 ________ ARRANGEMENT OF SECTIONS _______ SECTIONS 1. Short title and extent. 2. Definition. 3. Additional protection to Judges. 4. Saving. 1 ----- # THE JUDGES (PROTECTION) ACT, 1985 ACT NO. 59 OF 1985 [6th September, 1985.] # An Act for securing additional protection for Judges and others acting Judicially and for matters connected therewith. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Judges (Protection) Act, 1985.** (2) It extends to the whole of India [1]***. **2. Definition.—In this Act, “Judge” means not only every person who is officially designated as a** Judge, but also every person— (a) who is empowered by law to give in any legal proceeding a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or (b) who is one of a body of persons which body of persons is empowered by law to give such a judgment as is referred to in clause (a). **3. Additional protection to Judges.—(1) Notwithstanding anything contained in any other law for** the time being in force and subject to the provisions of sub-section (2), no court shall entertain or continue any civil or criminal proceeding against any person who is or was a Judge for any act, thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his official or judicial duty or function. (2) Nothing in sub-section (1) shall debar or affect in any manner the power of the Central Government or the State Government or the Supreme Court of India or any High Court or any other authority under any law for the time being in force to take such action (whether by way of civil, criminal, or departmental proceedings or otherwise) against any person who is or was a Judge. **4. Saving.—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 providing for protection of Judges. 1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019). 2 -----

16-Sep-1985

61

The Narcotic Drugs and Psychotropic Substances Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1791/1/A1985-61.pdf

central

# THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985 ____________ # ARRANGEMENT OF SECTIONS Last Update 3-1-2022 ___________________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to add to or omit from the list of psychotropic substances. CHAPTER II AUTHORITIES AND OFFICERS 4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. 5. Officers of Central Government. 6. The Narcotic Drugs and Psychotropie Substances Consultative Committee. 7. Officers of State Government. CHAPTER IIA NATIONAL FUND FOR CONTROL OF DRUG ABUSE 7A. National Fund for Control of Drug Abuse. 7B. Annual report of activities financed under the Fund. CHAPTER III PROHIBITION, CONTROL AND REGULATION 8. Prohibition of certain operations. 8A. Prohibition of certain activities relating to property derived from offence. 9. Power of Central Government to permit, control and regulate. 9A. Power to control and regulate controlled substances. 10. Power of State Government to permit, control and regulate. 11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment. 12. Restrictions over external dealings in narcotic drugs and psychotropic substances. 13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent. 14. Special provision relating to cannabis. CHAPTER IV OFFENCES AND PENALTIES 15. Punishment for contravention in relation to poppy straw. 16. Punishment for contravention in relation to coca plant and coca leaves. 17. Punishment for contravention in relation to prepared opium. 1 ----- SECTIONS 18. Punishment for contravention in relation to opium poppy and opium. 19. Punishment for embezzlement of opium by cultivator. 20. Punishment for contravention in relation to cannabis plant and cannabis. 21. Punishment for contravention in relation to manufactured drugs and preparations. 22. Punishment for contravention in relation to psychotropic substances. 23. Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances. 24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12. 25. Punishment for allowing premises, etc., to be used for commission of an offence. 25A. Punishment for contravention of orders made under section 9A. 26. Punishment for certain acts by licensee or his servants. 27. Punishment for consumption of any narcotic drug or psychotropic substance. 27A. Punishment for financing illicit traffic and harbouring offenders. 27B. Punishment for contravention of section 8A. 28. Punishment for attempts to commit offences. 29. Punishment for abetment and criminal conspiracy. 30. Preparation. 31. Enhanced punishment for offences after previous conviction. 31A. Death penalty for certain offences after previous conviction. 32. Punishment for offence for which no punishment is provided. 32A. No suspension, remission or commutation in any sentence awarded under this Act. 32B. Factors to be taken into account for imposing higher than the minimum punishment. 33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958. 34. Security for abstaining from commission of offence. 35. Presumption of culpable mental state. 36. Constitution of Special Court. 36A. Offences triable by Special Courts. 36B. Appeal and revision. 36C. Application of Code to proceedings before a Special Court. 36D. Transitional provisions. 37. Offences to be cognizable and non-bailable. 38. Offences by companies. 39. Power of court to release certain offenders on probation. 40. Power of court to publish names, place of business, etc., of certain offenders. CHAPTER V PROCEDURE 41. Power to issue warrant and authorisation. 42. Power of entry, search, seizure and arrest without warrant or authorisation. 43. Power of seizure and arrest in public place. 44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant. 45. Procedure where seizure of goods liable to confiscation not practicable. 46. Duty of land holder to give information of illegal cultivation. 2 ----- SECTIONS 47. Duty of certain officers to give information of illegal cultivation. 48. Power of attachment of crop illegally cultivated. 49. Power to stop and search conveyance. 50. Conditions under which search of persons shall be conducted. 50A. Power to undertake controlled delivery. 51. Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures. 52. Disposal of persons arrested and articles seized. 52A. Disposal of seized narcotic drugs and psychotropic substances. 53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station. 53A. Relevancy of statements under certain circumstances. 54. Presumption from possession of illicit articles. 55. Police to take charge of articles seized and delivered. 56. Obligation of officers to assist each other. 57. Report of arrest and seizure. 57A. Report of seizure of property of the person arrested by the notified officer. 58. Punishment for vexatious entry, search, seizure or arrest. 59. Failure of officer in duty or his connivance at the contravention of the provisions of this Act. 60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation. 61. Confiscation of goods used for concealing illicit drugs or substances. 62. Confiscation of sale proceeds of illicit drugs or substances. 63. Procedure in making confiscations. 64. Power to tender immunity from prosecution. 64A. Immunity from prosecution to addicts volunteering for treatment. 65. [Omitted]. 66. Presumption as to documents in certain cases. 67. Power to call for information, etc. 68. Information as to commission of offences. CHAPTER VA FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY 68A. Application. 68B. Definitions. 68C. Prohibition of holding illegally acquired property. 68D. Competent authority. 68E. Identifying illegally acquired property. 68F. Seizure or freezing of illegally acquired property. 68G. Management of properties seized or forfeited under this Chapter. 68H. Notice of forfeiture of property. 68-I. Forfeiture of property in certain cases. 68J. Burden of proof. 68K. Fine in lieu of forfeiture. 68L. Procedure in relation to certain trust properties. 3 ----- SECTIONS 68M. Certain transfers to be null and void. 68N. Constitution of Appellate Tribunal. 68-O. Appeals. 68P. Notice or order not to be invalid for error in description. 68Q. Bar of jurisdiction. 68R. Competent authority and Appellate Tribunal to have powers of civil court. 68S. Information to competent authority. 68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal. 68U. Power to take possession. 68V. Rectification of mistakes. 68W. Findings under other laws not conclusive for proceedings under this Chapter. 68X. Service of notices and orders. 68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter. 68Z. Release of property in certain cases. CHAPTER VI MISCELLANEOUS 69. Protection of action taken in good faith. 70. Central Government and State Government to have regard to international conventions while making rules. 71. Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances. 72. Recovery of sums due to Government. 73. Bar of jurisdiction. 74. Transitional provisions. 74A. Power of Central Government to give directions. 75. Power to delegate. 76. Power of Central Government to make rules. 77. Rules and notifications to be laid before Parliament. 78. Power of State Government to make rules. 79. Application of the Customs Act, 1962. 80. Application of the Drugs and Cosmetics Act, 1940 not barred. 81. Saving of State and special laws. 82. Repeal and savings. 83. Power to remove difficulties. THE SCHEDULE. 4 ----- # THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 ACT NO. 61 OF 1985 [16th September, 1985.] # An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances [1][, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith. BE it enacted by Parliament in the Thirty-sixty Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Narcotic Drugs and** Psychotropic Substances Act, 1985. (2) It extends to the whole of India [2][and it applies also— (a) to all citizens of India outside India; (b) to all persons on ships and aircrafts registered in India, wherever they may be]. (3) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. **2. Definitions.—In this Act, unless the context otherwise requires,—** 4[(i) “addict” means a person who has dependence on any narcotic drug or psychotropic substance;] (ii) “Board” means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (iii) “cannabis (hemp)” means— (a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom; (iv) “cannabis plant” means any plant of the genus cannabis; 1. Ins. by Act 2 of 1989, s. 2 (w.e.f. 29-5-1989). 2. Ins. by Act 9 of 2001, s. 2 (w.e.f. 2-10-2001). 3. 14th November, 1985, _vide_ notification No. S.O. 821(E), dated 14th November, 1985, _see_ Gazette of India, Extraordinary, Part II, sec. 3(ii). 4. Subs. by Act 9 of 2001, s. 3, for clause (i) (w.e.f. 2-10-2001). 5 ----- 1[(iva) “Central Government factories” means factories owned by the Central Government or factories owned by any company in which the Central Government holds at least fifty-one per cent. of the paid-up share capital;] (v) “coca derivative” means— (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. of cocaine; (vi) “coca leaf” means— (a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral material, but does not include any preparation containing not more than 0.1 per cent. of cocaine; (vii) “coca plant” means the plant of any species of the genus Frythroxylon; 2[(viia) “commercial quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; (viib) “controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act; (viic) “corresponding law” means any law corresponding to the provisions of this Act;] 3[4[(viid)] “controlled substance” means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance;] (viii) “conveyance” means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel; [1][(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government for medical and scientific use;] [3][[5][(viiib)] “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means— (i) cultivating any coca plant or gathering any portion of coca plant; (ii) cultivating the opium poppy or any cannabis plant; (iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances; 1. Ins. by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014). 2. Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). 3. Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989). 4. Clause (viia) relettered as clause (viid) thereof by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). 5. Clause (viiia) relettered as clause (viiib) thereof by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014). 6 ----- (iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or (v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv), other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes— (1) financing, directly or indirectly, any of the aforementioned activities; (2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and (3) harbouring persons engaged in any of the afore-mentioned activities;] (ix) “International Convention” means— (a) the Single Convention on Narcotic Drugs, 1961 adopted by the United Nations Conference at New York in March, 1961; (b) the Protocol, amending the Convention mentioned in sub-clause (a), adopted by the United Nations Conference at Geneva in March, 1972; (c) the Convention on Psychotropic Substances, 1971 adopted by the United Nations Conference at Vienna in February, 1971; and (d) any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act; (x) “manufacture”, in relation to narcotic drugs or psychotropic substances, includes— (1) all processes other than production by which such drugs or substances may be obtained; (2) refining of such drugs or substances; (3) transformation of such drugs or substances; and (4) making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances; (xi) “manufactured drug” means— (a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not to be a manufactured drug, but does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not to be a manufactured drug; (xii) “medicinal cannabis”, that is, medicinal hemp, means any extract or tincture of cannabis (hemp); (xiii) “Narcotics Commissioner” means the Narcotics Commissioner appointed under section 5; (xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium, popy straw and includes all manufactured drugs; (xv) “opium” means— (a) the coagulated juice of the opium poppy; and (b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 per cent. of morphine; 7 ----- (xvi) “opium derivative” means— (a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials; (b) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked; (c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts; (d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts; and (e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine; (xvii) “opium poppy” means— (a) the plant of the species Papaver somniferum L; and (b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may, by notification in the Official Gazette, declare to be opium poppy for the purposes of this Act; (xviii) “poppy straw” means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom; (xix) “poppy straw concentrate” means the material arising when poppy straw has entered into a process for the concentration of its alkaloids; (xx) “preparation”, in relation to a narcotic drug or psychotropic substance, means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances; (xxi) “Prescribed” means prescribed by rules made under this Act; (xxii) “production” means separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained; (xxiii) “Psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule; 1[(xxiiia) “small quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette;] (xxiv) “to import inter-State” means to bring into a State or Union territory in India from another State or Union territory in India; (xxv) “to import into India”, with its grammatical variations and cognate expressions, means to bring into India from a place outside India and includes the bringing into any port or airport or place in India of a narcotic drug or a psychotropic substance intended to be taken out of India without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried. _Explanation.—For the purposes of this clause and clause (xxvi), “India” includes the territorial_ waters of India; 1. Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). 8 ----- (xxvi) “to export from India”, with its grammatical variations and cognate expressions, means to take out of India to a place outside India; (xxvii) “to export inter-State” means to take out of a State or Union territory in India to another State or Union territory in India; (xxviii) “to transport” means to take from one place to another within the same State or Union territory; 1[(xxviiia) “use”, in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption;] (xxix) words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code. _Explanation.—For the purposes of clauses (v), (vi), (xv) and (xvi) the percentages in the case of liquid_ preparations shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, is contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less percentage: Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem appropriate for such calculation. **3. Power to add to or omit from the list of psychotropic substances.—The Central Government** may, if satisfied that it is necessary or expedient so to do on the basis of— (a) the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or natural material or any salt or preparation of such substance or material; and (b) the modifications or provisions (if any) which have been made to, or in, any International Convention with respect to such substance, natural material or salt or preparation of such substance or material, by notification in the Official Gazette, add to, or, as the case may be, omit from, the list of psychotropic substances specified in the Schedule such substance or natural material or salt or preparation of such substance or material. CHAPTER II AUTHORITIES AND OFFICERS 4. **Central Government to take measures for preventing and combating abuse of and illicit** **traffic in narcotic drugs, etc.—(1) Subject to the provisions of this Act, the Central Government shall** take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein [2][and for ensuring their medical and scientific use]. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), the measures which the Central Government may take under that sub-section include measures with respect to all or any of the following matters, namely:— (a) coordination of actions by various officers, State Governments and other authorities— (i) under this Act, or (ii) under any other law for the time being in force in connection with the enforcement of the provisions of this Act; (b) obligations under the International Conventions; 1. Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989). 2. Ins. by Act 16 of 2014, s. 3 (w.e.f. 1-5-2014). 9 ----- (c) assistance to the concerned authorities in foreign countries and concerned international organisations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances; (d) identification, treatment, education, after care, rehabilitation and social re-integration of addicts; 1[(da) availability of narcotic drugs and psychotropic substances for medical and scientific use;] (e) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures. **5. Officers of Central Government.—(1) Without prejudice to the provisions of sub-section (3) of** section 4, the Central Government shall appoint a Narcotics Commissioner and may also appoint such other officers with such designations as it thinks fit for the purposes of this Act. (2) The Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the Central Government. (3) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government, or, if so directed by that Government, also of the Board or any other authority or officer. **6. The Narcotic Drugs and Psychotropie Substances Consultative Committee.—(1) The Central** Government may constitute, by notification in the Official Gazette, an advisory committee to be called “The Narcotic Drugs and Psychotropic Substances Consultative Committee” (hereafter in this section referred to as the Committee) to advise the Central Government on such matters relating to the administration of this Act as are referred to it by that Government from time to time. (2) The Committee shall consist of a Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government. (3) The Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure. (4) The Committee may, if it deems it necessary so to do for the efficient discharge of any of its functions, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person (including a non-official) who is not a member of the Committee. (5) The term of office of, the manner of filling casual vacancies in the offices of and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint a person who is not a member of the Committee as a member of any of its sub-committees, shall be such as may be prescribed by rules made by the Central Government. **7. Officers of State Government.—(1) The State Government may appoint such officers with such** designations as it thinks fit for the purposes of this Act. 1. Ins. by Act 16 of 2014, s. 3 (w.e.f. 1-5-2014). 10 ----- (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the State Government, or, if so directed by that Government, also of any other authority or officer. 1[CHAPTER IIA NATIONAL FUND FOR CONTROL OF DRUG ABUSE **7A. National Fund for Control of Drug Abuse.—(1) The Central Government may, by notification** in the Official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse (hereafter in this Chapter referred to as the Fund) and there shall be credited thereto— (a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide; (b) the sale proceeds of any property forfeited under Chapter VA; (c) any grants that may be made by any person or institution; (d) any income from investment of the amounts credited to the Fund under the aforesaid provisions. 2[(2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for— (a) combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances; (b) controlling the abuse of narcotic drugs and psychotropic substances; (c) identifying, treating, rehabilitating addicts; (d) preventing drug abuse; (e) educating public against drug abuse; (f) supplying drugs to addicts where such supply is a medical necessity. (3) The Central Government may constitute a Governing Body as it thinks fit to advise that Government and to sanction money out of the said Fund subject to the limit notified by the Central Government in the Official Gazette.] (4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and such other members not exceeding six as the Central Government may appoint. (5) The Governing Body shall have the power to regulate its own procedure. **7B. Annual report of activities financed under the Fund.—The Central Government shall, as soon** as may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under section 7A during the financial year, together with a statement of accounts.] CHAPTER III PROHIBITION, CONTROL AND REGULATION **8. Prohibition of certain operations.—No person shall—** (a) cultivate any coca plant or gather any portion of coca plant; or (b) cultivate the opium poppy or any cannabis plant; or (c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or tranship any narcotic drug or psychotropic substance, 1. Ins. by Act 2 of 1989, s. 4 (w.e.f. 29-5-1989). 2. Subs. by Act 9 of 2001, s. 4, for sub-sections (2) and (3) (w.e.f. 2-10-2001). 11 ----- except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation: Provided that, and subject to the other provisions of this Act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of _ganja or the production,_ possession, use, consumption, purchase, sale, transport, warehousing, import inter-State and export inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf: 1[Provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes.] 2[8A. Prohibition of certain activities relating to property derived from offence.—No person shall— (a) convert or transfer any property knowing that such property is derived from an offence committed under this Act or under any other corresponding law of any other country or from an act of participation in such offence, for the purpose of concealing or disguising the illicit origin of the property or to assist any person in the commission of an offence or to evade the legal consequences; or (b) conceal or disguise the true nature, source, location, disposition of any property knowing that such property is derived from an offence committed under this Act or under any other corresponding law of any other country; or (c) knowingly acquire, possess or use any property which was derived from an offence committed under this Act or under any other corresponding law of any other country.] **9. Power of Central Government to permit, control and regulate.—(1) Subject to the provisions** of section 8, the Central Government may, by rules— (a) permit and regulate— (i) the cultivation, or gathering of any portion (such cultivation or gathering being only on account of the Central Government) of coca plant, or the production, possession, sale, purchase, transport, import inter-State, export inter-State, use or consumption of coca leaves; (ii) the cultivation (such cultivation being only on account of Central Government) of the opium poppy; (iii) the production and manufacture of opium and production of poppy straw; 3[(iiia) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw produced from plants from which no juice has been extracted through lancing;] (iv) the sale of opium and opium derivatives from the Central Government factories for export from India or sale to State Government or to manufacturing chemists; (v) the manufacture of manufactured drugs (other than prepared opium) but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; 3[(va) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs: Provided that where, in respect of an essential narcotic drug, the State Government has granted licence or permit under the provisions of section 10 prior to the commencement of 1. Ins. by Act 2 of 1989, s. 5 (w.e.f. 29-5-1989). 2. Ins. by Act 9 of 2001, s. 5 (w.e.f. 2-10-2001). 3. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014). 12 ----- the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (16 of 2014), such licence or permit shall continue to be valid till the date of its expiry or for a period of twelve months from such commencement, whichever is earlier.] (vi) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances; (vii) the import into India and export from India and transhipment of narcotic drugs and psychotropic substances; (b) prescribe any other matter requisite to render effective the control of the Central Government over any of the matters specified in clause (a). (2) In particular and without prejudice to the generality of the foregoing power, such rules may— (a) empower the Central Government to fix from time to time the limits within which licences may be given for the cultivation of the opium poppy; (b) require that all opium, the produce of land cultivated with the opium poppy, shall be delivered by the cultivators to the officers authorised in this behalf by the Central Government; (c) prescribe the forms and conditions of licences for cultivation of the opium poppy and for production and manufacture of opium; the fees that may be charged therefor; the authorities by which such licences may be granted, withheld, refused or cancelled and the authorities before which appeals against the orders of withholding, refusal or cancellation of licences shall lie; (d) prescribe that opium shall be weighed, examined and classified according to its quality and consistence by the officers authorised in this behalf by the Central Government in the presence of the cultivator at the time of delivery by the cultivator; (e) empower the Central Government to fix from time to time the price to be paid to the cultivators for the opium delivered; (f) provide for the weighment, examination and classification, according to the quality and consistence, of the opium received at the factory and the deductions from or additions (if any) to the standard price to be made in accordance with the result of such examination; and the authorities by which the decisions with regard to the weighment, examination, classification, deductions or additions shall be made and the authorities before which appeals against such decisions shall lie; (g) require that opium delivered by a cultivator, if found as a result of examination in the Central Government factory to be adulterated, may be confiscated by the officers authorised in this behalf; (h) prescribe the forms and conditions of licences for the manufacture of manufactured drugs, the authorities by which such licences may be granted and the fees that may be charged therefor; 1[(ha) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of essential narcotic drugs, the authorities by which such licence or permit may be granted and the fees that may be charged therefor;] (i) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances, the authorities by which such licences or permits may be granted and the fees that may be charged therefor; (j) prescribe the ports and other places at which any kind of narcotic drugs or psychotropic substances may be imported into India or exported from India or transhipped; the forms and conditions of certificates, authorisations or permits, as the case may be, for such import, export or transhipment; the authorities by which such certificates, authorisations or permits may be granted and the fees that may be charged therefor. 1. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014). 13 ----- 1[9A. Power to control and regulate controlled substances.—(1) If the Central Government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein. (2) Without prejudice to the generality of the power conferred by sub-section (1), an order made thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.] **10. Power of State Government to permit, control and regulate.—(1) Subject to the provisions of** section 8, the State Government may, by rules— (a) permit and regulate— (i) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw [2][except poppy straw produced from plants from which no juice has been extracted through lancing]; (ii) the possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of opium; (iii) the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of cannabis (excluding _charas);_ (iv) the manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; (v) the possession, transport, purchase, sale, import inter-State, export inter-State, use or consumption of [3][manufactured drugs (other than prepared opium and essential narcotic drugs)] and of coca leaf and any preparation containing any manufactured drug; (vi) the manufacture and possession of prepared opium from opium lawfully possessed by an addict registered with the State Government on medical advice for his personal consumption: Provided that save in so far as may be expressly provided in the rules made under sub-clauses (iv) and (v), nothing in section 8 shall apply to the import inter-State, export inter-State, transport, possession, purchase, sale, use or consumption of manufactured drugs which are the property and in the possession of the Government: Provided further that such drugs as are referred to in the preceding proviso shall not be sold or otherwise delivered to any person who, under the rules made by the State Government under the aforesaid sub-clauses, is not entitled to their possession; (b) prescribe any other matter requisite to render effective the control of the State Government over any of the matters specified in clause (a). (2) In particular and without prejudice to the generality of the foregoing power, such rules may— (a) empower the State Government to declare any place to be a warehouse wherein it shall be the duty of the owners to deposit all such poppy straw as is legally imported inter-State and is intended for export inter-State or export from India; to regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for sale or export inter-State or export from India; to levy fees for such warehousing and to prescribe the manner in which and the period after which the poppy straw warehoused shall be disposed of in default of payment of fees; 1. Ins. by Act 2 of 1989, s. 6 (w.e.f. 29-5-1989). 2. Ins. by Act 16 of 2014, s. 5 (w.e.f. 1-5-2014). 3. Subs. by s. 5, ibid., for “manufactured drugs other than prepared opium” (w.e.f. 1-5-2014). 14 ----- (b) provide that the limits within which licences may be given for the cultivation of any cannabis plant shall be fixed from time to time by or under the orders of the State Government; (c) provide that only the cultivators licenced by the prescribed authority of the State Government shall be authorised to engage in cultivation of any cannabis plant; (d) require that all cannabis, the produce of land cultivated with cannabis plant, shall be delivered by the cultivators to the officers of the State Government authorised in this behalf; (e) empower the State Government to fix from time to time, the price to be paid to the cultivators for the cannabis delivered; (f) prescribe the forms and conditions of licences or permits for the purposes specified in sub-clauses (i) to (vi) of clause (a) of sub-section (1) and the authorities by which such licences or permits may be granted and the fees that may be charged therefor. **11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment.—** Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic substance, coca plant, the opium poppy or cannabis plant shall be liable to be distrained or attached by any person for the recovery of any money under any order or decree of any court or authority or otherwise. **12. Restrictions over external dealings in narcotic drugs and psychotropic substances.—No** person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India save with the previous authorisation of the Central Government and subject to such conditions as may be imposed by that Government in this behalf. **13. Special provisions relating to coca plant and coca leaves for use in the preparation of** **flavouring agent.—Notwithstanding anything contained in section 8, the Central Government may** permit, with or without conditions, and on behalf of Government, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import interState, export inter-State or import into India of coca leaves for use in the preparation of any flavouring agent which shall not contain any alkaloid and to the extent necessary for such use. **14. Special provision relating to cannabis.—Notwithstanding anything contained in section 8,** Government may, by general or special order and subject to such conditions as may be specified in such order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes. CHAPTER IV OFFENCES AND PENALTIES **1[15. Punishment for contravention in relation to poppy straw.—Whoever, in contravention of** any provisions of this Act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [2][one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: 1. Subs. by Act 9 of 2001, s. 6, for sections 15 to 18 (w.e.f. 2-10-2001). 2. Subs. by Act 16 of 2014, s. 6, for “six months” (w.e.f. 1-5-2014). 15 ----- Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. **16. Punishment for contravention in relation to coca plant and coca leaves.—Whoever, in** contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees. **17. Punishment for contravention in relation to prepared opium.—Whoever, in contravention of** any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [1][one year], or with fine which may extend to ten thousand rupees, or with both; or (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; or (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. **18. Punishment for contravention in relation to opium poppy and opium.—Whoever, in** contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [2][one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees; (c) in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees.] **19. Punishment for embezzlement of opium by cultivator.—Any cultivator licensed to cultivate** the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. **20. Punishment for contravention in relation to cannabis plant and cannabis.—Whoever, in** contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,— (a) cultivates any cannabis plant; or 1. Subs. by Act 16 of 2014, s. 7, for “six months” (w.e.f. 1-5-2014). 2. Subs. by s. 8, ibid., for “six months” (w.e.f. 1-5-2014). 16 ----- (b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable,— 1[(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and (ii) where such contravention relates to sub-clause (b),— (A) and involves small quantity, with rigorous imprisonment for a term which may extend to [2][one year], or with fine which may extend to ten thousand rupees, or with both; (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.] **3[21. Punishment for contravention in relation to manufactured drugs and preparations.—** Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [4][one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. **22. Punishment for contravention in relation to psychotropic substances.—Whoever, in** contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [5][one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; 1. Subs. by Act 9 of 2001, s. 7, for sub-clauses (i) and (ii) (w.e.f. 2-10-2001). 2. Subs. by Act 16 of 2014, s. 9, for “six months” (w.e.f. 1-5-2014). 3. Subs. by Act 9 of 2001, s. 8, for sections 21 to 23 (w.e.f. 2-10-2001). 4. Subs. by Act 16 of 2014, s. 10, for “six months” (w.e.f. 1-5-2014). 5. Subs. by s. 11, ibid., for “six months” (w.e.f. 1-5-2014). 17 ----- (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. **23. Punishment for illegal import into India, export from India or transhipment of narcotic** **drugs and psychotropic substances.—Whoever, in contravention of any provision of this Act or any** rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports into India or exports from India or tranships any narcotic drug or psychotropic substance shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to [1][one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.] **24. Punishment for external dealings in narcotic drugs and psychotropic substances in** **contravention of section 12.—Whoever engages in or controls any trade whereby a narcotic drug or a** psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government or otherwise than in accordance with the condition (if any) of such authorisation granted under section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 2[25. Punishment for allowing premises, etc., to be used for commission of an offence.— Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence.] 3[25A. Punishment for contravention of orders made under section 9A.—If any person contravenes an order made under section 9A, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees.] **26. Punishment for certain acts by licensee or his servants.—If the holder of any licence, permit or** authorisation granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf— (a) omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this Act, or any rule made thereunder; 1. Subs. by Act 16 of 2014, s. 12, for “six months” (w.e.f. 1-5-2014). 2. Subs. by Act 9 of 2001, s. 9, for section 25 (w.e.f. 2-10-2001). 3. Ins. by Act 2 of 1989, s. 7 (w.e.f. 29-5-1989). 18 ----- (b) fails to produce without any reasonable cause such licence, permit or authorisation on demand of any officer authorised by the Central Government or State Government in this behalf; (c) keeps any accounts or makes any statement which is false or which he knows or has reason to believe to be incorrect; or (d) wilfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not prescribed elsewhere in this Act, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. **1[27. Punishment for consumption of any narcotic drug or psychotropic substance.—Whoever,** consumes any narcotic drug or psychotropic substance shall be punishable,— (a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and (b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.] **2[27A. Punishment for financing illicit traffic and harbouring offenders.—Whoever indulges in** financing, directly or indirectly, any, of the activities specified in sub-clauses (i) to (v) of [3][clause (viiib) of section 2] or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.] 4[27B. Punishment for contravention of section 8A.—Whoever contravenes the provision of section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to ten years and shall also be liable to fine.] **28. Punishment for attempts to commit offences.—Whoever attempts to commit any offence** punishable under this Chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence. **29. Punishment for abetment and criminal conspiracy.—(1) Whoever abets, or is a party to a** criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence. (2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which— (a) would constitute an offence if committed within India; or (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India. 1. Subs. by Act 9 of 2001, s. 10, for section 27 (w.e.f. 2-10-2001). 2. Ins. by Act 2 of 1989, s. 8 (w.e.f. 29-5-1989). 3. Subs. by Act 48 of 2021, s. 2, for “clause (viiia) of section 2” (w.e.f. 1-5-2014). 4. Ins. by Act 16 of 2014, s. 13 (w.e.f. 1-5-2014). 19 ----- **30. Preparation.—If any person makes preparation to do or omits to do anything which constitutes** an offence punishable under any of the provisions of [1][sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid: Provided that the court may, for reasons to be recorded in the Judgment, impose a higher fine. **2[31. Enhanced punishment for offences after previous conviction.—(1) If any person who has** been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this Act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to [3][one and one-half times of the maximum term] of imprisonment, and also be liable to fine which shall extend to [4][one and one-half times of the maximum amount] of fine. (2) Where the person referred to in sub-section (1) is liable to be punished with a minimum term of imprisonment and to a minimum amount of fine, the minimum punishment for such person shall be 5[one and one-half times of the minimum term] of imprisonment and 6[one and one-half times of the minimum amount] of fine: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding the fine for which a person is liable. (3) Where any person is convicted by a competent court of criminal jurisdiction outside India under any corresponding law, such person, in respect of such conviction, shall be dealt with for the purposes of sub-sections (1) and (2) as if he had been convicted by a court in India.] 7[31A. Death penalty for certain offences after previous conviction.—(1) Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under 8[section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance], is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to,— (a) engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under 1. Subs. by Act 9 of 2001, s. 11, for certain words, figures and brackets (w.e.f. 2-10-2001). 2. Subs. by s. 12, ibid., for section 31 (w.e.f. 2-10-2001). 3. Subs. by Act 16 of 2014, s. 14, for “one-half of the maximum term” (w.e.f. 1-5-2014). 4. Subs. by s. 14, ibid., for “one-half of the maximum amount” (w.e.f. 1-5-2014). 5. Subs. by s. 14, ibid., for “one-half of the minimum term” (w.e.f. 1-5-2014). 6. Subs. by s. 14, ibid., for “one-half of the minimum amount” (w.e.f. 1-5-2014). 7. Ins. by Act 2 of 1989, s. 9 (w.e.f. 29-5-1989). 8. Subs. by Act 9 of 2001, s. 13, for “section 15 to section 25 (both inclusive) or section 27A” (w.e.f. 2-10-2001). 20 ----- column (1) of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said Table: TABLE Particulars of narcotic drugs/psychotropic substances Quantity (1) (2) (i) Opium . . . . . . . . . . 10 kgs. (ii) Morphine . . . . . . . . . . 1 kg. (iii) Heroin . . . . . . . . . . 1 kg. (iv) Codeine . . . . . . . . . . 1 kg. (v) Thebaine . . . . . . . . . . 1 kg. (vi) Cocaine . . . . . . . . . . 500 grams (vii) Hashish . . . . . . . . . . 20 kgs. (viii) Any mixture with or without any neutral material of any of the above drugs (ix) LSD, LSD-25 (+) - N, N-Diethyllyser gamide (d-lysergic acid diethylamide) (x) THC (Tetrahydrocannabinols, the following Isomers: 6a (10a), 6a (7),7,8,9,10,9 (11) and their stereochemical variants) 1[lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture] 500 grams 500 grams (xi) Methamphetamine(+ )-2-Methylamine-l-Phenylpropane 1,500 gram (xii) Methaqualone (2-Methyl-3-0-tolyl-4-(3h—)quinazolinone) 1,500 gram (xiii) Amphetamine (+)-2-amino-1-phenylpropane 1,500 gram (xiv) Salts and preparations of the psychotropic substances mentioned in (ix) to (xiii) 1,500 gram; (b) financing, directly or indirectly, any of the activities specified in clause (a), 2[shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death]. (2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of [3][section 19, section 24 or section 27A and for offences involving commercial quality of any narcotic drug or psychotropic substance], such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a court in India.] **32. Punishment for offence for which no punishment is provided.—Whoever contravenes any** provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation 1. Subs. by Act 9 of 2001, s. 13, for “1,500 grams” (w.e.f. 2-10-2001). 2. Subs. by Act 16 of 2014, s. 15, for “shall be punishable with death” (w.e.f. 1-5-2014). 3. Subs. by Act 9 of 2001, s. 13, for certain words, figures and brackets (w.e.f. 2-10-2001). 21 ----- issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 1[32A. No suspension, remission or commutation in any sentence awarded under this Act.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.] **2[32B. Factors to be taken into account for imposing higher than the minimum punishment.—** Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:— (a) the use or threat of use of violence or arms by the offender; (b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence; (c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence; (d) the fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities; (e) the fact that the offender belongs to organised international or any other criminal group which is involved in the commission of the offence; and (f) the fact that the offender is involved in other illegal activities facilitated by commission of the offence.] **33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of** **Offenders Act, 1958.—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 under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27. **34. Security for abstaining from commission of offence.—(1) Whenever any person is convicted of** an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it thinks fit to fix. (2) The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an appellate court or by the High Court or Sessions Judge when exercising the powers of revision. **35. Presumption of culpable mental state.—(1) In any prosecution for an offence under this Act** which requires a culpable mental state of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. 1. Ins. by Act 2 of 1989, s. 10 (w.e.f. 29-5-1989). 2. Ins. by Act 9 of 2001, s. 14 (w.e.f. 2-10-2001). 22 ----- _Explanation.—In this section “culpable mental state” includes intention motive, knowledge of a fact_ and belief in, or reason to believe, a fact. (2) For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability. **1[36. Constitution of Special Court.—(1) The Government may, for the purpose of providing** speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Court as may be necessary for such 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 Government with the concurrence of the Chief Justice of the High Court. _Explanation.—In this sub-section, “High Court” means the High Court of the State in which the_ Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his appointment as such Judge. (3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Judge or an Additional Sessions Judge. **2[36A. Offences triable by Special Courts.—(1) Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974),— (a) all offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government; (b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate: Provided that in cases which are triable by the Special Court where such Magistrate considers— (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction; (c) the Special Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section; (d) a Special Court may, upon perusal of police report of the facts constituting an offence under this Act or upon complaint made by an officer of the Central Government or a State Government authorised in his behalf, take cognizance of that offence without the accused being committed to it for trial. (2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. 1. Subs. by Act 2 of 1989, s. 11, for section 36 (w.e.f. 29-5-1989). 2. Subs. by Act 9 of 2001, s. 15, for section 36A (w.e.f. 2-10-2001). 23 ----- (3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High Court may exercise such powers including the power under cluase (b) of sub-section (1) of that section as if the reference to “Magistrate” in that section included also a reference to a “Special Court” constituted under section 36. (4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974) thereof to “ninety days”, where they occur, shall be construed as reference to “one hundred and eighty days”: Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offences punishable under this Act with imprisonment for a term of not more than three years may be tried summarily.] **36B. Appeal and revision.—The High Court may exercise, so for as may be applicable, all the** powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. **36C. Application of Code to proceedings before a Special Court.—Save as otherwise provided in** this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor. **1[36D. Transitional provisions.—(1) Any offence committed under this Act on or after the** commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989), which is triable by a Special Court shall, until a Special Court is constituted under section 36, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), be tried by a Court of Session. (2) Where any proceedings in relation to any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989) are pending before a Court of Session, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard and disposed of by the Court of Session: Provided that nothing contained in this sub-section shall affect the power of the High Court under section 407 of the Code of Criminal Procedure, 1973 (2 of 1974) to transfer any case or class of cases taken cognizance by a Court of Session under sub-section (1).] 2[37. Offences to be cognizable and non-bailable.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for [3][offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless— (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and 1. Subs. by Act 9 of 2001, s. 16, for section 36D (w.e.f. 2-10-2001). 2. Subs. by Act 2 of 1989, s. 12, for section 37 (w.e.f. 29-5-1989). 3. Subs. by Act 9 of 2001, s. 17, for “a term of imprisonment of five years or more under this Act” (w.e.f. 2-10-2001). 24 ----- (ii) 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. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.]. **38. Offences by companies.—(1) Where an offence under Chapter IV 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 Chapter IV 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. Power of court to release certain offenders on probation.—(1) When any addict is found guilty** of an offence punishable under section 27 [1][or for offences relating to small quantity of any narcotic drug or psychotropic substance] and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV. (2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1), that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Central Government, with or without sureties, for abstaining from the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during such period. **40. Power of court to publish names, place of business, etc., of certain offenders.—(1) Where any** person is convicted of any of the offences punishable under section 15 to section 25 (both inclusive), section 28, section 29 or section 30, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct. 1. Ins. by Act 9 of 2001, s. 18 (w.e.f. 2-10-2001). 25 ----- (2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such appeal, having been preferred, has been disposed of. (3) The expenses of any publication under sub-section (1) shall be recoverable from the convicted person as if it were a fine imposed by the court. CHAPTER V PROCEDURE **1[41. Power to issue warrant and authorisation.—(l) A Metropolitan Magistrate or a Magistrate of** the first class or any Magistrate of the second class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed: (2) Any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including the para-military forces or the armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government if he has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this Act or that any narcotic drug or psychotropic substance or controlled substance in respect of which any offence under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him but superior in rank to a peon, sepoy or a constable to arrest such a person or search a building, conveyance or place whether by day or by night or himself arrest such a person or search a building, conveyance or place. (3) The officer to whom a warrant under sub-section (1) is addressed and the officer who authorised the arrest or search or the officer who is so authorised under sub-section (2) shall have all the powers of an officer acting under section 42. **42. Power of entry, search, seizure and arrest without warrant or authorisation.—(l) Any such** officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intellegence or any other department of the Central Government including para-military forces or armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset,— 1. Subs. by Act 9 of 2001, s. 19, for sections 41 to 43 (w.e.f. 2-10-2001). 26 ----- (a) enter into and search any such building, conveyance or place; (b) in case of resistance, break open any door and remove any obstacle to such entry; (c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this Act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act; and (d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this Act: 1[Provided that in respect of holder of a licence for manufacture of manufactured drugs or psychotropic substances or controlled substances granted under this Act or any rule or order made thereunder, such power shall be exercised by an officer not below the rank of sub-inspector: Provided further that] if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief. (2) Where an officer takes down any information in writing under sub-section (1) or records grounds for his belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior. **43. Power of seizure and arrest in public place.—Any officer of any of the departments mentioned** in section 42 may— (a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act; (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. _Explanation.—For the purposes of this section, the expression “public place” includes any public_ conveyance, hotel, shop, or other place intended for use by, or accessible to, the public.] **44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy** **and cannabis plant.—The provisions of sections 41, 42 and 43, shall so far as may be, apply in relation** to the offence punishable under Chapter IV and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance [2][or controlled substance], shall be construed as including references to coca plant, the opium poppy and cannabis plant. **45. Procedure where seizure of goods liable to confiscation not practicable.—Where it is not** practicable to seize any goods (including standing crop) which are liable to confiscation under this Act, any officer duly authorised under section 42 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer. 1. Subs. by Act 16 of 2014, s. 16, for “Provided that” (w.e.f. 1-5-2014). 2. Ins. by Act 9 of 2001, s. 20 (w.e.f. 2-10-2001). 27 ----- **46. Duty of land holder to give information of illegal cultivation.—Every holder of land shall give** immediate information to any officer of the Police or of any of the departments mentioned in section 42 of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who knowingly neglects to give such information, shall be liable to punishment. **47. Duty of certain officers to give information of illegal cultivation.—Every officer of the** Government and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of the Police or of any of the departments mentioned in section 42 when it may come to his knowledge that any land has been illegally cultivated with the opium poppy, cannabis plant or coca plant, and every such officer of the Government, panch, sarpanch and other village officer who neglects to give such information shall be liable to punishment. **48. Power of attachment of crop illegally cultivated.—Any Metropolitan Magistrate, Judicial** Magistrate of the first class or any Magistrate specially empowered in this behalf by the State Government [1][or any officer of a gazetted rank empowered under section 42] may order attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been illegally cultivated and while doing so may pass such order (including an order to destroy the crop) as he thinks fit. **49. Power to stop and search conveyance.—Any officer authorised under section 42, may, if he has** reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance [2][or controlled substance], in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and— (a) rummage and search the conveyance or part thereof; (b) examine and search any goods on the animal or in the conveyance; (c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon. **50. Conditions under which search of persons shall be conducted.—(1) When any officer duly** authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to nearest Gazetted Officer of any of the departments mentioned in section 42 or to the nearest Magistrate. (2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1). (3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female. 3[(5) When an officer duly authorised under section 42 has reason to believe that it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest Gazetted Officer or Magistrate, proceed to search the person as provided under section100 of the Code of Criminal Procedure, 1973 (2 of 1974). (6) After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which necessitated such search and within seventy-two hours send a copy thereof to his immediate official superior.] 1. Ins. by Act 2 of 1989, s. 13 (w.e.f. 29-5-1989). 2. Ins. by Act 9 of 2001, s. 21 (w.e.f. 2-10-2001). 3. Ins. by s. 22, ibid. (w.e.f. 2-10-2001). 28 ----- 1[50A. Power to undertake controlled delivery.—The Director General of Narcotics Control Bureau constituted under sub-section (3) of section 4 or any other officer authorised by him in this behalf, may, notwithstanding anything contained in this Act, undertake controlled delivery of any consignment to— (a) any destination in India; (b) a foreign country, in consultation with the competent authority of such foreign country to which such consignment is destined, in such manner as may be prescribed.] **51. Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches** **and seizures.—The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far** as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act. **52. Disposal of persons arrested and articles seized.—(1) Any officer arresting a person under** section 41, section 42, section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest. (2) Every person arrested and article seized under warrant issued under sub-section (1) of section 41 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued. (3) Every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to— (a) the officer-in-charge of the nearest police station, or (b) the officer empowered under section 53. (4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article. **2[52A. Disposal of seized narcotic drugs and psychotropic substances.—3[(1) The Central** Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter specified.] (2) Where any [4][narcotic drugs, psychotropic substances, controlled substances or conveyances] has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53, the officer referred to in sub-section (1) shall prepare an inventory of such 4[narcotic drugs, psychotropic substances, controlled substances or conveyances] containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the [4][narcotic drugs, psychotropic substances, controlled substances or conveyances] or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the [4][narcotic drugs, psychotropic substances, controlled substances or conveyances] in any proceedings under this Act and make an application, to any Magistrate for the purpose of— (a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of such magistrate, photographs of [5][such drugs, substances or conveyances] and certifying such photographs as true; or 1. Ins. by Act 9 of 2001, s. 23 (w.e.f. 2-10-2001). 2. Ins. by Act 2 of 1989, s. 14 (w.e.f. 29-5-1989). 3. Subs. by Act 16 of 2014, s. 17, for sub-section (1) (w.e.f. 1-5-2014). 4. Subs. by s. 17, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 1-5-2014) 5. Subs. by s. 17, ibid., for “such drugs or substances” (w.e.f. 1-5-2014). 29 ----- (c) allowing to draw representative samples of such drugs or substances, in the presence of such magistrate and certifying the correctness of any list of samples so drawn. (3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1972) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the innventory, the photographs of [1][narcotic drugs, psychotropic substances, controlled substances or conveyances] and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.] **53. Power to invest officers of certain departments with powers of an officer-in-charge of a** **police station.—(1) The Central Government, after consultation with the State Government, may, by** notification published in the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence [2][or any other department of the Central Government including para-military forces or armed forces] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act. (2) The State Government may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise [3][or any other department] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of offences under this Act. **4[53A. Relevancy of statements under certain circumstances.—(1) A statement made and signed** by a person before any officer empowered under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,— (a) when the person who made the statement is dead or connot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice. (2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.] **5[54. Presumption from possession of illicit articles.—In trials under this Act, it may be presumed,** unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of— (a) any narcotic drug or psychotropic substance or controlled substance; (b) any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated; (c) any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance; or (d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue left of the materials from which any narcotic drug or psychotropic substance or controlled substance has been manufactured, for the possession of which he fails to account satisfactorily]. **55. Police to take charge of articles seized and delivered.—An officer-in-charge of a police station** shall take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized 1. Subs. by Act 16 of 2014, s.17, for “narcotic drugs or psychotropic substances” (w.e.f. 1-5-2014). 2. Subs. by Act 9 of 2001, s. 24, for “or Border Security Force” (w.e.f. 2-10-2001). 3. Ins. by s. 24, ibid. (w.e.f. 2-10-2001). 4. Ins. by Act 2 of 1989, s. 15 (w.e.f. 29-5-1989). 5. Subs. by Act 9 of 2001, s. 25, for section 54 (w.e.f. 2-10-2001). 30 ----- under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station. **56. Obligation of officers to assist each other.—All officers of the several departments mentioned** in section 42 shall, upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this Act. **57. Report of arrest and seizure.—Whenever any person makes any arrest or seizure under this Act,** he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior. **1[57A. Report of seizure of property of the person arrested by the notified officer.—Whenever** any officer notified under section 53 makes an arrest or seizure under this Act, and the provisions of Chapter VA apply to any person involved in the case of such arrest or seizure, the officer shall make a report of the illegally acquired properties of such person to the jurisdictional competent authority within ninety days of the arrest or seizure]. **58. Punishment for vexatious entry, search, seizure or arrest.—(1) Any person empowered under** section 42 or section 43 or section 44 who— (a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place; (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or (c) vexatiously and unnecessarily detains, searches or arrests any person, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. (2) Any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this Act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both. **59. Failure of officer in duty or his connivance at the contravention of the provisions of this** **Act.—(1) Any officer, on whom any duty has been imposed by or under this Act and who ceases or** refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine or with both. 2[(2) Any officer on whom any duty has been imposed by or under this Act or any person who has been given the custody of— (a) any addict; or (b) any other person who has been charged with an offence under this Act, and who wilfully aids in, or connives at, the contravention of any provision of this Act or any rule or order made thereunder, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. _Explanation.—For the purposes of this sub-section, the expression “officer” includes any person_ employed in a hospital or institution maintained or recognised by the Government or a local authority under section 64A for providing de-addiction treatment.] 1. Ins. by Act 16 of 2014, s. 18 (w.e.f. 1-5-2014). 2. Subs. by Act 2 of 1989, s. 16, for sub-section (2) (w.e.f. 29-5-1989). 31 ----- (3) No court shall take cognizance of any offence under sub-section (1) or sub-section (2) except on a complaint in writing made with the previous sanction of the Central Government, or as the case may be, the State Government. **60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.—[1][(1)** Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.] (2) Any narcotic drug or psychotropic substance [2][or controlled substances] lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance [2][or controlled substances] which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any narcotic drug or psychotropic substance [2][or controlled substances], materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation. (3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance [2][or controlled substances], or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use. **61. Confiscation of goods used for concealing illicit drugs or substances.—Any goods used for** concealing any [3][narcotic drug, psychotropic substance or controlled substance] which is liable to confiscation under this Act shall also be liable to confiscation. _Explanation.—In this section “goods” does not include conveyance as a means of transport._ **62. Confiscation of sale proceeds of illicit drugs or substances.—Where any** [4][narcotic drug, psychotropic substance or controlled substance] is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this Act, the sale proceeds thereof shall also be liable to confiscation. **63. Procedure in making confiscations.—(1) In the trial of offences under this Act, whether the** accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order confiscation accordingly. (2) Where any article or thing seized under this Act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly: Provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim: Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance 5[controlled substance], the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale. 1. Subs. by Act 9 of 2001, s. 26, for sub-section (1) (w.e.f. 2-10-2001). 2. Ins. by s. 26, ibid. (w.e.f. 2-10-2001). 3. Subs. by s. 27, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 2-10-2001). 4. Subs. by s. 28, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 2-10-2001). 5. Ins. by s. 29, ibid. (w.e.f. 2-10-2001). 32 ----- 1* - - - **64. Power to tender immunity from prosecution.—(1) The Central Government or the State** Government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or privy to the contravention of any of provisions of this Act or of any rule or order made thereunder it is necessary or expedient so to do, tender to such person immunity from prosecution for any offence under this Act or under the Indian Penal Code (45 of 1860) or under any other Central Act or State Act, as the case may be, for the time being in force, on condition of his making a full and true disclosure of the whole circumstances relating to such contravention. (2) A tender of immunity made to, and accepted by, the person concerned, shall, to the extent to which the immunity extends, render him immune from prosecution for any offence in respect of which the tender was made. (3) If it appears to the Central Government or, as the case may be, the State Government, that any person to whom immunity has been tendered under this section has not complied with the conditions on which the tender was made or is wilfully concealing anything or is giving false evidence, the Central Government or, as the case may be, the State Government, may record a finding to that effect and thereupon the immunity shall be deemed to have been withdrawn and such person may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter. **2[64A. Immunity from prosecution to addicts volunteering for treatment.— Any addict, who is** charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the Government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances: Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.] **65. [Power to make rules regulating disposal of confiscated articles and rewards].—Omitted by the** _Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1989 (2 of_ 1989), s. 18 _(w.e.f. 29-5-1989)._ **66. Presumption as to documents in certain cases.—Where any document—** (i) is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this Act or under any other law, or (ii) has been received from any place outside India (duly authenticated by such authority or person and in such manner as may be prescribed by the Central Government) in the course of investigation of any offence under this Act alleged to have been committed by a person, and such document is tendered in any prosecution under this Act in evidence against him, or against him and any other person who is tried jointly with him, the court shall— (a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reason ably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person’s handwriting; and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; (b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence; (c) examine any person acquainted with the facts and circumcontrary is proved, the truth of the contents of such document. 1. Sub-section (3) omitted by Act 9 of 2001, s. 29 (w.e.f. 2-10-2001). 2. Subs. by s. 30, ibid., for section 64A (w.e.f. 2-10-2001). 33 ----- **67. Power to call for information, etc.—Any officer referred to in section 42 who is authorised in** this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provision of this Act,— (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder; (b) require any person to produce or deliver any document or thing useful or relevant to the enquiry; (c) examine any person acquainted with the facts and circumstances of the case. **68. Information as to commission of offences.—No officer acting in exercise of powers vested in** him under any provision of this Act or any rule or order made thereunder shall be compelled to say whence he got any information as to the commission of any offence. 1[CHAPTER VA 2[FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY] **68A. Application.—(1) The provisions of this Chapter 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 who has been convicted of an offence punishable under this Act with imprisonment for a term of [3][ten] years or more; (b) every person who has been convicted of a similar offence by a competent court of criminal jurisdiction outside India; (c) every person in respect of whom an order of detention has been made under the Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), or under the Jammu and Kashmir Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988; 4[(cc) every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this Act with imprisonment for a term of ten years or more, and every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of a similar offence under any corresponding law of any other country.] Provided that such order of detention has not been revoked on the report of the Advisory Board constituted under the said Acts or such order of detention has not been set aside by a court of competent jurisdiction; (d) every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c) 4[or clause (cc)]; (e) every associate of a person referred to in clause (a) or clause (b) or clause (c) [4][or clause (cc)]; (f) 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) or clause (c) [4][or clause (cc)]; 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. 1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989). 2. Subs. by Act 16 of 2014, s. 19, for “FORFEITURE OF PROPERTY DERIVED FROM, OR USED, IN ILLICIT TRAFFIC” (w.e.f. 1-5-2014). 3. Subs. by Act 9 of 2001, s. 31, for “five” (w.e.f. 2-10-2001). 4. Ins. by s. 31, ibid. (w.e.f. 2-10-2001). 34 ----- **68B. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “Appellate Tribunal” means the Appellate Tribunal [1][referred to in] section 68N; (b) “associate” in relation to a person whose property is liable to be forfeited under this Chapter, means— (i) any individual who had been or is residing in the residential premises (including out-houses) 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 sub-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 any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii); (vi) 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; (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; (c) “competent authority” means an officer of the Central Government authorised by it under section 68D; (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 68F; (f) “identifying” includes establishment of proof that the property was derived from, or used in, the illicit traffic; (g) “illegally acquired property”, in relation to any person to whom this Chapter applies, means, — (i) any property acquired by such person, whether before or after the commencement of this Chapter, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to [2][the contravention of any provisions [3][of this Act or the equivalent value of such property; or]] 1. Subs. by Act 28 of 2016, s. 227, for “for Forfeited Property constituted under” (w.e.f. 1-6-2016). 2. Subs. by Act 9 of 2001, s. 32, for “illicit traffic” (w.e.f. 2-10-2001). 3. Subs. by Act 16 of 2014, s, 20, for “of this Act; or” (w.e.f. 1-5-2014). 35 ----- (ii) any property acquired by such person, whether before or after the commencement of this Chapter, 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 [1][such property or the equivalent value of such property; or] 2[(iii) any property acquired by such person, whether before or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, wholly or partly out of or by means of any income, earnings or assets the source of which cannot be proved, or the equivalent value of 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 Chapter, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom; 3[(h) “property” means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, wherever located and includes deeds and instruments evidencing title to, or interest in, such property or assets;] (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. **68C. Prohibition of holding illegally acquired property.—(1) As from the 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 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 Chapter: 4[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 he was arrested or against 1. Subs. by Act 16 of 2014, s. 20, for “such property,” (w.e.f. 1-5-2014). 2. Ins. by s. 20, ibid. (w.e.f. 1-5-2014). 3. Subs. by s. 20, ibid., for clause (h) (w.e.f. 1-5-2014). 4. Subs. by Act 9 of 2001, s. 33, for the proviso (w.e.f. 2-10-2001). 36 ----- whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this Act or from the date the order or detention was issued, as the case may be.] **68D. Competent authority.—(1) The Central Government may, by order published in the Official** Gazette, authorise [1][any Commissioner of Customs or Commissioner of Central Excise] or Commissioner of Income-tax or any other officer of the Central Government of equivalent rank to perform the functions of the competent authority under this Chapter. (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. **68E. Identifying illegally acquired property.—[2][(1) Every officer empowered under section 53 and** every officer-in-charge of a police station shall, or receipt of information is satisfied that any person to whom this Chapter applies holds any illegally acquired property, he may, after recording reasons for doing so, proceed to take all steps necessary for tracing and identifying such property.] (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 public financial institution or any other relevant matters. (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. **68F. Seizure or freezing of illegally acquired property.—(1) Where any officer conducting an** inquiry or investigation under section 68E 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 will 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 the competent authority shall be duly informed of any order made under this sub section and 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. **68G. Management of properties seized or forfeited under this Chapter.—(1) The Central** Government may, by order published in the Official Gazette, appoint as many of its officers (not below 1. Subs. by Act 16 of 2014, s. 21, for “any Collector of Customs or Collector of Central Excise” (w.e.f. 1-5-2014). 2. Subs. by Act 9 of 2001, s. 34, for sub- section (1) (w.e.f. 2-10-2001). 37 ----- the rank of a Joint secretary to the Government) 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 68F or under section 68-I in such manner and subject to such conditions as may be prescribed. (3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government. **68H. 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 68E 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 a period of thirty days specified in the notice 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 Chapter. (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. 1[Provided that no notice for forfeiture shall be served upon any person referred to in clause (cc) of sub-section (2) of section 68A or relative of a person referred to in that clause or associate of a person referred to in that clause or holder of any property which was at any time previously held by a person referred to in that clause.] 2[Explanation.—For the removal of doubts, it is hereby declared that in a case where the provisions of section 68J are applicable, no notice under this section shall be invalid merely on the ground that it fails to mention the evidence relied upon or it fails to establish a direct nexus between the property sought to be forfeited and any activity in contravention of the provisions of this Act.] **68-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 68H, 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). (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 Central Government free from all encumbrances. 1. Ins. by Act 9 of 2001, s. 35 (w.e.f. 2-10-2001). 2. Ins. by Act 16 of 2014, s. 22 (w.e.f. 1-5-2014). 38 ----- 1[Provided that no illegally acquired property of any person who is referred to in clause (cc) of sub-section (2) of section 68A or relative of a person referred to in that clause or associate of a person referred to in that clause or holder of any property which was at any time previously held by a person referred to in that clause shall stand forefeited.] (4) Where any shares in a company stand forfeited to the Central Government under this Chapter, 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. **68J. Burden of proof.—In any proceedings under this Chapter, the burden of proving that any** property specified in the notice served under section 68H is not illegally acquired property shall be on the person affected. **68K. Fine in lieu of forfeiture.—(1) Where the competent authority makes a declaration that any** property stands forfeited to the Central Government under section 68-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 an 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 68-I and thereupon such property shall stand released. **68L. Procedure in relation to certain trust properties.—In the case of any person referred to in** sub-clause (vi) of clause (b) of section 68B, 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 propery 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 thereupon such notice shall be deemed to be a notice served under section 68H 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. **68M. Certain transfers to be null and void.—Where after the making of an order under** sub-section (1) of section 68F or the issue of a notice under section 68H or under section 68L, 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 Central Government under section 68-I, then, the transfer of such property shall be deemed to be null and void. 2[68N. Constitution of Appellate Tribunal.—The Appellate Tribunal constituted under sub-section (1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of 1. Ins. by Act 9 of 2001, s. 36 (w.e.f. 2-10-2001). 2. Subs. by Act 28 of 2016, s. 227, for section 68N (w.e.f. 1-6-2016). 39 ----- Property) Act, 1976 (13 of 1976) shall be the Appellate Tribunal for hearing appeals against the orders made under section 68F, section 68-I, sub-section (1) of section 68K or section 68L.] **68-O. Appeals.—(1)** [1][Any officer referred to in sub-section (1) of section 68E or any person aggrieved by an order of the competent authority] made under section 68F, section 68-I, sub-section (1) of section 68K or section 68L, 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 to the appellant to be heard, 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 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. (4) Notwithstanding anything contained in sub-section (3), where the Chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a Bench of 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 of such point or points and such point or points shall be decided according to the opinion of that member. 2[Provided further that if the office of the Chairman is vacant by reason of his death, resignation or otherwise, or if the Chairman is unable to discharge his duties owing to absence, illness or any other cause, the Central Government may, by order, nominate any member to act as the Chairman until a new Chairman is appointed and assumes charge or, as the case may be, resumes his duties.] (5) The Appellate Tribunal may regulate its own procedure. (6) 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 his 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. **68P. 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. **68Q. 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 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. **68R. 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; 1. Subs. by Act 9 of 2001, s. 37, for “any person aggrieved by an order of the competent authority” (w.e.f. 2-10-2001). 2. Ins. by Act 16 of 2014, s. 23 (w.e.f. 1-5-2014). 40 ----- (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. **68S. 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 Chapter. (2) Every officer referred to in section 68T 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. **68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal.—** For the purposes of any proceedings under this Chapter, the following officers are hereby empowered and required to assist the Administrator appointed under section 68G, competent authority and the Appellate Tribunal, namely:— (a) officers of the Narcotics Control Bureau; (b) officers of the Customs Department; (c) officers of the Central Excise Department; (d) officers of the Income-tax Department; (e) officers of enforcement appointed under the Foreign Exchange Regulation Act, 1973 (46 of 1973); (f) officers of police; (g) officers of the Narcotics Department; (h) officers of the Central Economic Intelligence Bureau; (i) officers of the Directorate of Revenue Intelligence; (j) 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. **68U. Power to take possession.—(1) Where any property has been declared to be forfeited to the** Central Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 68K 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 68G 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 service of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. **68V. 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. 41 ----- **68W. 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. **68X. 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), 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. **68Y. Punishment for acquiring property in relation to which proceedings have been taken,** **under this Chapter.—Any person who knowingly acquired, 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.] 1[68Z. Release of property in certain cases.—(1) Where the detention order of a detenu is set aside or withdrawn, properties seized or frozen under this Chapter shall stand released. (2) Where any person referred to in clause (a) or clause (b) or clause (cc) of sub-section (2) of section 68A has been acquitted or discharged from the charges under this Act or any other corresponding law of any other country and the acquittal was not appealed against or when appealed against, the appeal was disposed of as a consequence of which such property could not be forfeited or warrant of arrest or authorisation of arrest issued against such person has been withdrawn, then, property seized or frozen under this Chapter shall stand released.] CHAPTER VI MISCELLANEOUS **69. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or a State Government or any officer of the Central Government or of the State Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule or order made thereunder. **70. Central Government and State Government to have regard to international conventions** **while making rules.—Wherever under this Act the Central Government or the State Government has** been empowered to make rules, the Central Government or the State Government, as the case may be, subject to other provisions of this Act, may while making the rules have regard to the provisions of the Single Convention on Narcotic Drugs, 1961, the Protocol of 1972 amending the said Convention and of the Convention on Psychotropic Substances, 1971 to which India is a party and to the provisions of any other international convention relating to narcotic drugs or psychotropic substances to which India may become a party. **71. Power of Government to establish centres for identification, treatment, etc., of addicts and** **for supply of narcotic drug and psychotropic substances.—(1)** [2][The Government may establish, recognise or approve as many centres as it thinks fit for identification, treatment, managemen], education, after-care, rehabilitation, social re-integration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the concerned Government of any narcotic drugs and psychotropic substances to the addicts registered with the Government and to others where such supply is a medical necessity. 1. Ins. by Act 9 of 2001, s. 38 (w.e.f. 2-10-2001). 2. Subs. by Act 16 of 2014, s. 24, for “The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment” (w.e.f. 1-5-2014). 42 ----- (2) The Government may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in sub-section (1) and for the appointment, training, powers, duties and persons employed in such centres. **72. Recovery of sums due to Government.—(1) In respect of any licence fee or other sum of any** kind payable to the Central Government or to the State Government under any of the provisions of this Act or of any rule or order made thereunder, the officer of the Central Government or the State Government, as the case may be, who is empowered to require the payment of such sum, may deduct the amount of such sum from any money owing to the person from whom such sum may be recoverable or due or may recover such amount or sum by attachment and sale of the goods belonging to such persons and if the amount of the same is not so recovered, the same may be recovered from the person or from his surety (if any) as if it were an arrears of land revenue. (2) When any person, in compliance with any rule made under this Act, gives a bond (other than a bond under section 34 and section 39) for the performance of any act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty within the meaning of section 74 of the Indian Contract Act, 1872 (9 of 1872); and upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or from his surety (if any) as if it were an arrears of land revenue. **73. Bar of jurisdiction.—No civil court shall entertain any suit or proceeding against any decision** made or order passed by any officer or authority under this Act or under any rule made thereunder on any of the following matters, namely:— (a) withholding, refusal or cancellation of any licence for the cultivation of the opium poppy; (b) weighment, examination and classification according to the quality and consistence of opium and any deductions from, or addition to, the standard price made in accordance with such examination; (c) confiscation of opium found to be adulterated with any foreign substance. **74. Transitional provisions.—Every officer or other employee of the Government exercising or** performing, immediately before the commencement of this Act, any powers or duties with respect to any matters provided for in this Act, shall on such commencement, be deemed to have been appointed under the relevant provisions of this Act to the same post and with the same designation as he was holding immediately before such commencement. **1[74A. Power of Central Government to give directions.—The Central Government may give such** directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act, and the State Government shall comply with such directions.] **75. Power to delegate.—(1) The Central Government may, by notification in the Official Gazette,** delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to the Board or any other authority or the Narcotics Commissioner. (2) The State Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to any authority or officer of that Government. **76. Power of Central Government to make rules.—(1) Subject to the other provisions of this Act,** 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, such rules may provide for all or any of the following matters, namely:— (a) the method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (v), (vi) (xiv) and (xv) of section 2; 1. Ins. by Act 2 of 1989, s. 20 (w.e.f. 29-5-1989). 43 ----- (b) the form of bond to keep the peace to be executed under section 34; (c) the form of bond to be executed for release of an addict convict for medical treatment under sub-section (1) of section 39 and the bond to be executed by such convict before his release after due admonition under sub-section (2) of that section; 1[(ca) the manner in which “controlled delivery” under section 50A is to be undertaken;] (d) the authority or the person by whom and the manner in which a document received from any place outside India shall be authenticated under clause (ii) of section 66; 2[(da) the manner in which and the conditions subject to which properties shall be managed by the Administrator under sub-section (2) of section 68G; 3* - - - (dc) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining the certified copy of any part thereof under sub-section (6) of section 68-O; (dd) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 68R; (de) the disposal of all articles or things confiscated under this Act; (df) the drawing of samples and testing and analysis of such samples; (dg) the rewards to be paid to the officers, informers and other persons;] (e) the conditions and the manner in which narcotic drugs and psychotropic substances may be supplied for medical necessity to the addicts registered with the Central Government and to others under sub-section (1) of section 71; (f) the establishment, appointment, maintenance, management and superintendence of centres established by the Central Government under sub-section (1) of section 71 and appointment, training, powers and duties of persons employed in such centres; (g) the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the Narcotic Drugs and Psychotropic Substances Consultative Committee and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 6; (h) any other matter which is to be, or may be, prescribed. **77. Rules and notifications to be laid before Parliament.—[4][Every rule made under this Act by the** Central Government and every notification or order issued under clause (viia), clause (xi), clause (xxiiia) of section 2, section 3, section 7A, section 9A and clause (a) of section 27 shall be laid, as soon as may be, after it is made or issued], before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or 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 rule or notification. 1. Ins. by Act 9 of 2001, s. 39 (w.e.f. 2-10-2001). 2. Ins. byAct 2 of 1989, s. 21 (w.e.f. 29-5-1989). 3. Clause (db) omitted by Act 28 of 2016, s. 227 (w.e.f. 1-6-2016). 4. Subs. by Act 9 of 2001, s. 40, for certain words, brackets, figures and letter (w.e.f. 2-10-2001). 44 ----- **78. Power of State Government to make rules.—(1) Subject to the other provisions of this Act, the** State 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, such rules may provide for all or any of the following matters, namely:— (a) the conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with the State Government and others under sub-section (1) of section 71; (b) the establishment, appointment, maintenance, management, superintendence of centres established under sub-section (1) of section 71 and appointment, training, powers and duties of persons employed in such centres; (c) any other matter which is to be, or may be, prescribed. (3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of that State. **79. Application of the Customs Act, 1962.—All prohibitions and restrictions imposed by or under** this Act on the import into India, the export from India and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed by or under the Customs Act, 1962 (52 of 1962) and the provisions of that Act shall apply accordingly: Provided that, where the doing of anything is an offence punishable under that Act and under this Act, nothing in that Act or in this section shall prevent the offender from being punished under this Act. **80. Application of the Drugs and Cosmetics Act, 1940 not barred.—The provisions of this Act or** the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder. **81. Saving of State and special laws.—Nothing in this Act or in the rules made thereunder shall** affect the validity of any Provincial Act or an Act of any State Legislature for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within India. **82. Repeal and savings.—(1) The Opium Act, 1857 (13 of 1857), the Opium Act, 1878 (1 of 1878)** and the Dangerous Drugs Act, 1930 (2 of 1930) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the enactments repealed by sub-section (1) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. **83. 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 after the expiry of a period of three years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. 45 ----- THE SCHEDULE [See clause (xxiii) of Section 2] LIST OF PSYCHOTROPIC SUBSTANCES Sl. No. International non-proprietary names Other nonproprietary names Chemical name 1 DET N, N-Diethyltryptamine 2 DMHP 3-(1,2-Dimethylheptyl)-1-hydroxy-7, 8, 9, 10-tetrahydro 6, 6, 9-trimethyl6H-dibenzo [b, d] pyran 3 DMT N, N-Dimethyltryptamine 4 (+)-LYSERGIDE LSD, LSD-25 (+)-N, N-Diethyllysergamide (dlysergic acid diethylamide) 5 mescaline 3, 4, 5-Trimethoxyphenethylamine 6 parahexyl 3-Hexyl-1-hydroxy-7, 8, 9, 10tetrahydro-6, 6, 9-trimethyl-6Hdibenzo [b, d] pyran 7 ETICYCLIDINE PCE N-Ethyl-1-phenylcyclohexylamine 8 ROLICYCLIDINE PHP, PCPY 1-(1-phenylcyclohexyl) pyrrolidine 9 psilocine, psilotsin 3-(2-Dimethylaminoethyl)-4hydroxyindole 10 PSILOCYBINE 3-(2-Dimethylaminoethyl)-indol-4-yl dihydrogen phosphate 11 STP, DOM 2-Amino-1-(2, 5-dimethoxy-methyl) phenylpropane 12 TENOCYCLIDINE TCP 1-[1-(2-Thienyl) cydohexyl] piperidine 13 THC Tetrahydrocannabinols, the following isomers: Δ6a(10a), Δ6a(7), Δ7, Δ8, Δ9, Δ10, Δ9(11) and their stcreochemical variants 14 DOB 2, 5-dimethoxyl-4-bromoamphetamine 15 MDA 3, 4-methylenedioxyamphetamine 16 AMPHETAMINE (±)-2-Amino-1-phenylpropane 17 DEXAMPHETAMINE (+)-2-Amino-1-phenylpropane 18 MECLOQUALONE 3-(o-Chlorophenyl)-2-methyl-4(3H)quinazolinone 19 METHAMPHETAMINE (+)-2-Methylamino-1-phenylpropane 20 METHAQUALONE 2-Methyl-3-0-tolyl-4-(3H)quinazoinone 21 METHYLPHENIDATE 2-Phenyl-2(2-piperidyl) acetic acid, methyl ester 22 PHENCYCLIDINE PCP 1-(1-Phenylcyclohexyl) piperidine 23 PHENMETRAZINE 3-Methyl-2-phenylmorpholine 46 ----- Sl. No. International non-proprietary names Other nonproprietary names Chemical name 24 AMOBARBITAL 5-Ethyl-5-(3-methylbutyl) barbituric acid 25 CYCLOBARBITAL 5-(1-Cyclohexen-1-yl)-5-ethylbarbituric acid 26 GLUTETHIMIDE 2-Ethyl-2-phenylglutarimide 27 PENTAZOCINE 1, 2, 3, 4, 5, 6-Hexahydro-6, 11dimethyl-3-(3-methyl-2-butenyl)-2, 6methano-3 benzazocin-8-ol 28 PENTOBARBITAL 5-Ethyl-5-(1-methylbutyl) barbituric acid 29 SECOBARBITAL 5-Allyl-5-(1-methylbutyl) barbituric acid 30 ALPRAZOLAM 8-Chloro-1-methyl-6-phenyl-4H-striazolo [4, 3-a] [1, 4] benzodiazepine 31 AMFEPRAMONE 2-(Diethylamino) propiophenone 32 BARBITAL 5, 5-Diethylbarbituric acid 33 BENZPHETAMINE N-Benzyl-N, α-dimethylphenethylamine 34 BROMAZEPAM 7-Bromo-1, 3-dihydro-5-(2-pyridyl)2H-1, 4-benzodiazepin-2-one. 35 CAMAZEPAM 7-Chloro-1, 3-dihydro-3-hydroxy-1methyl-5-phenyl-2-H-1, 4 benezodiazepin-2-one dimethylcarbamate (ester) 36 CHLORDIAZEPOXIDE 7-Chloro-2-(methylamino)-5-phenyl3H-1, 4-benzodiazepine-4-oxide 37 CLOBAZAM 7-Chloro-1-methyl-5-phenyl-1H-1, 5benzodiazepine, 2, 4 (3H, 5H)-dione 38 CLONAZEPAM 5-(o-Chlorophenyl)-1, 3-dihydro-7nitro-2H-1, 4-benzodiazepin-2-one 39 CLORAZEPATE 7-Chloro-2, 3-dihydro-2-oxo-5-phenyl1H, 4-benzodiazepine-3-carboxylic acid 40 CLOTIAZEPAM 5-(0-Chlorophenyl)-7-ethyl-1, 3dihydro-1-methyl-2H-thieno [2, 3-e]-1, 4-diazepine-2-one 41 CLOXAZOLAM 10-Chloro-11b-(o-chlorophenyl)-2, 3, 7, 11b-tetrahydro-oxazolo-[3, 2-d] [1, 4] benzodiazepine-6 (5H)-one 42 DELORAZEPAM 7-Chloro-5-(o-chlorophenyl)-1, 3dihydro-2H-1, 4-benzodiazepin-2-one 47 ----- Sl. No. International non-proprietary names Other nonproprietary names Chemical name 43 DIAZEPAM 7-Chloro-1, 3-dihydro-1-methyl-5phenyl-2H-1, 4-benzodiazepin-2-one 44 ESTAZOLAM 8-Chloro-6-phenyl-4H-s-triazolo [4, 3-a], [1, 4] benzodiazepine 45 ETHCHLORVYNOL Ethyl-2-chlorovinylethynylcarbinol 46 ETHINAMATE 1-Ethylnylcyclohexanolcarbamate 47 ETHYLLOFLAZEPATE Ethyl 7-chloro-5-(o-fluorophenyl)-2, 3-dihydro-2-oxo-1H-1, 4-benzodiazepine-3-carboxylate 48 FLUDIAZEPAM 7-Chloro-5-(o-fluorophenyl)-1, 3dihydro-1-methyl-2H-1, 4-benzodiazepine-2-one 49 FLUNITRAZEPAM 5-(o-Fluorophenyl)-1, 3-dihydro-1methyl-7-nitro-2H-1, 4-benzodiazepin-2-one 50 FLURAZEPAM 7-Chloro-1-[2-(diethylamino) ethyl]5-(o-fluorophenyl)-1, 3-dihydro-2H1, 4-benzo-diazepin-2-one 51 HALAZEPAM 7-Chloro-1, 3-dihydro-5-phenyl-1-(2, 2, 2-trifluoroethyl)-2H-1, 4-benzodiazepin-2-one 52 HALOXAZOLAM 10-Bromo-11b-(o-fluorophenyl)-2, 3, 7, 11b-tetrahydrooxazolo [3, 2-d] [1, 4] benzodiazepine-6, (5H)-one 53 KETAZOLAM 11-Chloro-8, 12b-dihydro-2, 8dimethyl-12b-phenyl-4H-[1, 3]oxazino-[3, 2-d] [1, 4] benzodiazepine-4, 7(6H)-dione 54 LEFETAMINE SPA (—)-1-dimethylamino-1, 2diphenylethane 55 LOPRAZOLAM 6-(o-Chlorophenyl)-2, 4-dihydro-2 [(4 methyl-1-piperazinyl) metnylene]8-nitro-1H-imidazo [1, 2-0] [1, 4] benzodiazepin-1-one 56 LORAZEPAM 7-Chloro-5-(o-chlorophenyl)-1, 3dihydro-3-hydroxy-2H-1, 4-benzodiazepine-2-one 57 LORMETAZEPAM 7-Chloro-5-(o-chlorophenyl)-1, 3dihydro-3-hydroxy-1-methyl-2H-1, 4benzcxiiazepine-2-one 58 MAZINDOL 5-(P-Chlorophenyl)-2, 5-dihydro-3H-imidazo [2, 1-x] isoindol-5-01 48 ----- |Sl. No.|International non-proprietary names|Other nonproprietary names|Chemical name| |---|---|---|---| |59|MEDAZEPAM||7-Chloro-2, 3-dihydro-1-methyl-5- phenyl-1H-1, 4-benzodiazepine| |60|MEPROBAMATE||2-Methyl-2-propyl-1, 3-propanediol dicarbamate| |61|METHYLPHENOBARBITA L||5-Ethyl-1-methyl-5-phenylbarbituric acid| |62|METHYPRYLON||3, 3-Diethyl-5-methyl-2, 4 piperidine- dione| |63|NIMETAZEPAM||1, 3-Dihydro-1-methyl-7-nitro-5- phenyl- 2-H-1, 4-benzodiazepin-2- one| |64|NITRAZEPAM||1, 3-Dihydro-7-nitro-5-phenyl-2H-1, 4-benzodiazepin-2-one| |65|NORDAZEPAM||7-Chloro-1, 3-dihydro-5-phenyl-1 (2H)-1, 4-benzodiazepin-2-one| |66|OXAZEPAM||7-Chloro-1, 3-dihydro-3-hydroxy-5- phenyl -2H-1, 4-benzodiazepin-2-one| |67|OXAZOLAM||10-Chloro-2, 3, 7, 11b-tetrahydro-2- methyl-11b-phenyl-oxazolo [3, 2-d] [1, 4] benzodiazepin-6 (5H)-one| |68|PHENDIMETRAZINE||(+)-3, 4-Dimethyl-2-phenyl- morpholine| |69|PHENOBARBITAL||5-Ethyl-5-phenylbarbituric acid| |70|PHENTERMINE||£, £-Dimethylphenethylamine| |71|PINAZEPAM||7-Chloro-1, 3-dihydro-5-phenyl-1-(2- propynyl)-2H-1, 4-benzodiazepin-2- one| |72|PIPRADROL||1-1-Diphenyl-1-(2-piperidyl)- methanol| |73|PRAZEPAM||7-Chlorol-(cyclopropylmethyl)-1,-3- dihydro-5-phenyl)-2H-1, 4-benzo- diazepin-2-one| |74|TEMAZEPAM||7-Chloro-1, 3-dihydro-3-hydroxy-1- methyl-5-phenyl -2H-1-4-benzo- diazepin-2-one| |75|TETRAZEPAM||7-Chloro-5-(cycloexen-1-yl)-1, 3- dihydro-1-methyl-2H-1, 4-benzo- diazepin-2-one| |76|TRIAZOLAM||8-Chloro-6-(o-chlorophenyl)-1- methyl-4H-s-triazodo[4,3-a] [1,4] benzodiazepine.| 49 ----- |1[77.|CATHIONE|Col3|(--)-(S)-2-aminopropophenone| |---|---|---|---| |78.||DMA|(±)-2,5-dimethoxy-a- methlyphenethylamine| |79.||DOET|(±)-4 ethyl -2, 5-dimethoxy-a- phenethylamine| |80.||MDMA|(±)-N, a-dimethyl-3. 4- (methylene- dioxy) phenethylamine| |81.||4-methylaminorex|(±)-cis-2-amino-4-methyl-5-phcnyl-2- oxazoline| |82.||MMDA|2-methoxy-a-methyl-4-5, (methylene- dioxy) phenethylamine| |83.||N-ethyl MDA|(±) N-ethyl-u-methyl-4, 4 (methylene- dioxy) phenethylamine| |84.||N-hydroxy MDA|(±) -N (u-methyl 3, 4- (methylenedioxy) phenethy hydroxylamine| |85.||PMA|p-methoxy-a-methylphenethyamine| |86.||TMA|(±) -3,4, 5-trimethoxy-a- methylphenethy-lamine| |87.|FENETYLINE||7-(2-(ø-methylphenethyl) amino) ethyl-) theophyline| |88.|LEVAMFETAMINE|levamphetamine|(--)-(R)- ø- methylphenethylamine| |89.||lovomethamphetamine|(--)-N-[ ø- methylphenethylamine| |90.|METAMFETAMINE RACEMATE|Methamphetamine mecnate|(±)-N-ø- dimethylphenethylamine| |91.||Delta-9-***tetrahy- drocannabinol and stereochemical variants|(6a-R, 10aR)-6a, 7, 8, 10a- tctrahydro-6, 6, 9-trimethyl-3-penty 611-dibenzo [b-d] pyran-OI| |92.|BUPRENORPHINE||21, cyclopropyl-7-cc-[(S)-I-hydroxy- 1-2,2-trimethyl-propyl] 6/14-endo- ethano-6-7,8,14-tetra-hydrooripavine| |93.|BUTALBITAL||5-allyl-5-isobutylbarbituric acid| |94.|CATHINE|(+)-norpseudo- ephedrine|(+)-(R)-ø-[(R)-I-aminoethyl] Benzyl alcohol| |95.|ALLOBARBITAL|MEFENOREX|5,5-diallybarbituric acid| |96.|ETILAMFETAMINE|N-ethylamphetamine|N-ethyl-ø- methylphenethylamine| |97.|FENCAMEFAMIN||N-ethyl-3-phenly-2-norbornanmine| |98.|FENPROPOREX||(±) -3-[(??-methyphenethy) amino] propioxitrile| 1. Ins. by S.O. 785(E), dated 26[th] October, 1992. 50 ----- |99.|MEFENOREX|Col3|N(3 chloropropyl)-a-methylphenethy- lamine| |---|---|---|---| |100.|MIDAZOLAM||8-chloro-6-a-(o-fluorophenyl)-1- methyl-4H-imidazol (1, 5-a] [1, 4] benzodiazepine| |101.|PEMOLINE||2-amino-5-phenyl-2-oxazolin-4-one(- 2-imino-5-phenyl-4-oxazolidinone)| |102.|PYROVAERONE||4-methyl-2-(1-pyrrolidinyl) valerophenone| |103.|SECBUTABARB1TAL||5-sec-butyl-5-ethylbarbituric acid| |104.|VINYLBITAL||5-(1- methylbutyl)-5vinylbarbituric acid| |105.||rutobarbital|5-butyl-5-ethylbarbituric acid]| |1[105A .|ETRYPTAMINE||(3-(2-aminobutyl) indole)| |105B.|METHCATHINONE||(2-(methylamino)-1 phenylpropan-1- one)| |105C.|ZIPEPROL||(ø-(ø-methoxybenzyl)-4 (methoxyphenethyl)-1- (piperazineetha-nol)| |105D.|AMINOREX||(2-amino-5-phenyl-2-oxazoline)| |105E.|BROTIZOLAM||(2-bromo-4-) 0-chlorophenyl)-9- methyl-6H-thieno (3,2-f)-s-triazolo [4,3,-a) (1,4} diazepine)| |105F.|MESOCARB||(3-(ø-methylphenethyl-N- (phenylerbamoyl) Sydnone imine].| |2[106.|||2C.-B(4-bromo-2, 5dimethoxyphenethylamine)| |107.|||4-MTA (ø* Methyl-4- Mthylthiophenethylamine)| |108.|||GHB (r-Hydroxybutyric Acid)| |109.|||Zolpidem (INN)]| |3[110.|Salts and preparations of above.]||| |4[110A.|Ketamine||2-(2-cholorphenyl)-2-(methylamino) cyclohexanone]| |5[110B.|MEPHEDRONE|4-methylmethcathinone (4-MMC) 4-methylephedrone|(RS)-2-methylamino-1-(4- methylphenyl) propan-1-one.| |6[110C.|25B-NBOMe|2C-B-NBOMe|2-(4-brome-2,5-dimethoxyphenyl)-N-| 1. Ins. by S.O. 39(E), dated 12[th] January, 1996. 2. Ins. by G.S.R. No. 475(E), dated 11[th] June, 2003. 3. Entry 77 re-numbered as Entry 106 by S.O. 785(E), dated 26[th] October, 1992. 4. Ins. by vide Notification No. S.O. 311(E) dated 10.02.2011. 5. Ins. by vide Notification No. S.O. 376(E) dated 05.02.2015. 6. Ins. by vide Notification No. S.O. 2374(E) dated 12.07-2016. 51 ----- |Col1|Col2|Col3|(2-methoxybenzyl) ethanamine| |---|---|---|---| |110D.|25C-NBOMe|2C-C-NBOMe|2-(4-chloro-2,5- dimethoxyphenyl)- N-(2-methoxybenzyl) ethanamine| |110E.|25I-NBOMe|2C-I-NBOMe|2-(4-iodo-2,5-dimethoxyphenyl)-N- (2-methoxybenzyl) ethanamine| |110F.|N-BENZYLPIPERAZINE|Benzylpiperazine, BZP|1-benzylpiperazine| |110G.|JWH-018|AM-678|Naphthalene-1-yl(1-pentyl-1H-indol- 3-yl) methanone| |110H.|AM-2201|JWH-2201|[1-(5-Fluoropentyl)-1H-indol-3-yl] (naphthalen-1-yl) methanone| |110I.|MDPV|3,4- Methylenedioxypyroval erone|(R/S)-1—(Benzo[d][1,3] dioxol-5- yl)-2-(pyrrolidine-1-yl) Pentan-1-one| |110J.|METHYLONE|Beta-keto-MDMA|(RS)-2-methylamino-1-(3,4- methylenedioxyphenyl) propan-1- one]| |1[110K.||para- Methoxymethylamphet amine,PMMA|1-(4—methoxyphenyl)-N- methylpropan-2-amine| |110L.||a- Pyrrolidinovaleropheno ne, a-PVP|1-phenyl-2-(pyrrolidine-1-yl) pentan- 1-one| |110M.||para-Methyl-4- ethylaminorex, 4,4’- DMAR|4-methyl-5-(4-methylphenyl)-4,5- dihydro-1,3-oxazol-2-amine| |110N.||Methoxetamine,MXE|2-(ethylamino)-2-(3-methoxyphenyl) cyclohexanone| |110O.||Phenazepam|7-bromo-5-(2- chlorophenyl)-1,3- dihydro-2H-1,4-benzodiazepin-2- one.]| |2[110P|4-Methylethcathinone|4-MEC|| |110Q|Ethylone||| |110R|Pentedrone||| |110S|Ethylphenidate||| |110T|Methiopropamine|MPA|| |110U|MDMB-CHMICA||| |110V|5F-APINACA|5F-AKB-48|| |110W|XLR-11||| |110X||Catha Edulis (Dry Chatt or Mira Leaves Dry Chat Edulish)]|| |3[110Y|Tramadol||]| |4[110Z||AB-CHMINACA|N-[(2S)-1-Amino-3-methyl-1- oxobutan-2-yl]-1-(cyclohexylmethyl)- 1H-indazole-3-carboxamide| 1. Ins. by vide Notification No. S.O. 1383(E) dated 02.05.2017. 2. Ins. by vide Notification No. S.O. 0821(E) dated 27.02.2018. 3. Ins. by vide Notification No. S.O. 1761(E), dated 26.04.2018. 4. Ins. by vide Notification No. S.O. 1352(E), dated 13.03.2019. 52 ----- |110ZA|Col2|5F-ADB(5F-MDMB- PINACA)|Methyl(2S)-2-{1-5-fluorophentyl)- 1H-indazole-3-carbonylamino}-3,3- dimethylbutanoate| |---|---|---|---| |110ZB||AB-PINACA|N-[(2S)-1-Amino-3-methyl- 1oxobutan-2yl]-1-penty1H-indazole 3-carboxamide| |110ZC||UR-144|(1-Penty-1 H-indol-3-yl) (2,2,3,3- tetramrthylcyclopropyl) methanone| |110ZD||5F-PB-22|Quinolin-8-yl 1-(5-fluropenthl)-1h- inodole-3-carboxylate| |110ZE|4-Fluoroamphetamine|4-FA|1-(4-Fluorophenyl) propan-2-amine.]| |1[110ZF.||AB-FUBINACA|N-[(2S)-1-amino-3-methyl-1- oxobutan-2-yl]-1-[4-fluorophenyl) methyl] indazole-3-carboxamide| |110ZG||5F-AMB-PINACA (5F- AMB,5F-MMB- PINACA)|Methyl 2-({[1-5-fluoropenty)-1H- indazol3yl] carbonyl} amino)-3- methylbutanoate| |110ZH||5F-MDMB-PICA (5F- MDMB-2201)|Methyl(S)-2-(1-5-fluoropentyl)-1H- indole-3- carboxamido)-3,3- dimethylbutanoate| |110ZI||4F-MDMB-BINACA|Methyl(S)-2-(1-(4-fluorobutyl)-1H- indazole-3-carboxamido)-3,3- dimethylbutanoate| |110ZJ|4-CMC (4- chloromethcathinone)|clephedrone|1-(4-chlorophenyl)-2-(methylamino)- 1-propanone| |110ZK||N-ethylhexedrone|2-(Ethylamino)-1-phenyl-1-hexanone| |110ZL||Alpha-PHP|(RS)-1-Phenyl-2-(pyrrolidine-1- yl)hexan-1-one| |110ZM||flualprazolam|8-Chloro-6-(2-fluoro-phenyl)-1- methyl-4hbenzo[f][1,2,4]triazolo[4,3- a][1,4]diazepime| |110ZN|Etizolam||4-(2-Chlorophenyl)-2-ethyl-9-methyl- 6H-thieno[3,2- f][1,2,4]triazolo[4,3a][1,4]diazepine| |110ZO||DOC|4-Chloro-2,5- dimethoxyamfetamine| |110ZP||ADB-FUBINACA|N-[(2S)-1-amino-3,3-dimethyl-1- oxobutan-2-yl]-1-[4- fluorophenyl)methyl]-1Hindazole-3- carboxamide| |110ZQ||FUB- AMB,MMBFUBINAC A,AMBFUBINACA|Methyl(2S)-2-({1-[4- fluorophenyl]methyl-1Hindazole-3- carbonyl} amino)-3-methylbutanoate| |110ZR||CUMYL-4CNBINACA|1-(4-cyanobutyl)-N-(2-phenylpropan- 2-yl)-1Hindazole-3-carboxamide| |110ZS||ADB-|N-[(2S)-1-amino-3,3-dimethyl-1-| 1. Ins. by vide Notification No. S.O. 1275(E), dated 23.03.2021 53 ----- |Col1|Col2|CHMINACA,MAB- CHMINACA|oxobutan-2-yl]-1-(cyclohexylmethyl)- 1H-indazole-3-carboxamide| |---|---|---|---| |110ZT||N-ethylnorpentylone|1-(2H-1,3-benzodioxol-5-yl)-2- (ethylamino)pentan-1-one”.]| 54 -----

30-Dec-1985

82

The Inland Waterways Authority of India Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1856/3/A1985-82.pdf

central

# THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II INLAND WATERWAYS AUTHORITY OF INDIA 3. Constitution and incorporation of the Inland Waterways Authority of India. 4. Conditions of service of members. 4A. Disqualifications for appointment as member. 5. Powers of Chairman and Vice-Chairman. 5A. Meetings. 6. Removal, etc., of members. 7. Vacancy, etc., not to invalidate proceedings of the Authority. 8. Secretary and other officers. 9. Advisory Committees. 10. Authority to act on business principles. CHAPTER III PROPERTY AND CONTRACTS 11. Transfer of assets and liabilities of the Central Government to the Authority. 12. Contracts by the Authority. 13. Mode of executing contracts on behalf of the Authority. CHAPTER IV FUNCTIONS AND POWERS OF THE AUTHORITY 14. Functions of the Authority. 15. Amendment of schemes. 16. [Omitted.]. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 17. Levy and collection of fees and charges. 18. Grants and loans by the Central Government. 18A. Borrowing powers of the Authority. 19. Constitution of the Fund. 1 ----- SECTIONS 20. Budget. 21. Investment of funds. 22. Annual report. 23. Accounts and audit. 24. Annual report and auditors’ report to be laid before Parliament. CHAPTER VI MISCELLANEOUS 25. Power of Central Government to issue directions. 26. Compulsory acquisition of land for the Authority. 27. Application, etc., of certain laws. 28. Power to enter. 29. Delegation. 30. Authentication of orders and other instruments of the Authority. 31. Members, officers and employees of the Authority to be public servants. 32. Protection of action taken in good faith. 33. Power of Central Government to supersede the Authority. 34. Power to make rules. 35. Power to make regulations. 36. Rules and regulations to be laid before Parliament. 37. Power to remove difficulties. 38. Amendment of Act 49 of 1982. 2 ----- # THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985 ACT NO. 82 OF 1985 [30th December, 1985.] # An Act to provide for the constitution of an Authority for the regulation and development of inland waterways for purposes of shipping and navigation and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Inland Waterways Authority of** India Act, 1985. (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) “appurtenant land” means all lands appurtenant to a national waterway, whether demarcated or not; (b) “Authority” means the Inland Waterways Authority of India constituted under section 3; (c) “channel” means any waterway, whether natural or artificial; (d) “conservancy” includes dredging, training, closure, diversion or abandoning channels; (e) “conservancy measures” means measures for purposes of conservancy, but does not include measures for protection of banks against floods or for restricting banks which have become eroded mainly on account of reasons not connected with shipping and navigation; (f) “infrastructure” includes structures such as docks, wharves, jetties, landing stages, locks, buoys, inland ports, cargo handling equipment, road and rail access and cargo storage spaces, and the expression “infrastructural facilities” shall be construed accordingly; (g) “member” means a member of the Authority appointed under sub-section (3) of section 3; (h) “national waterway” means the inland waterway declared by section 2 of the National Waterway (Allahabad-Haldia Stretch of the Ganga-Bhagirathi-Hooghly River) Act, 1982 (49 of 1982), to be a national waterway. _Explanation.—If Parliament declares by law any other waterway to be a national waterway, then_ from the date on which such declaration takes effect, such other waterway— (i) shall be deemed also to be a national waterway within the meaning of this clause; and (ii) the provisions of this Act shall, with necessary modifications (including modification for construing any reference to the commencement of this Act as a reference to the date aforesaid), apply to such national waterway; (i) “navigable channel” means a channel navigable during the whole or a part of the year; (j) “prescribed” means prescribed by rules made under this Act; 1. 27th October, 1986, vide notification No. S.O. 763(E), dated 27th October, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- (k) “regulations” means regulations made by the Authority under this Act; and (l) “rules” means rules made by the Central Government under this Act. CHAPTER II INLAND WATERWAYS AUTHORITY OF INDIA **3. Constitution and incorporation of the Inland Waterways Authority of India.—(1) With effect** from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted for the purposes of this Act an Authority, to be called the Inland Waterways Authority of India. (2) The Authority 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. 1[(3) The Authority shall consist of the following members, namely:— (a) a Chairman; (b) a Vice-Chairman; (c) not more than three full-time members; and (d) not more than three part-time members, to be appointed by the Central Government by notification in the Official Gazette.] (4) The Authority 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 Authority relevant to the purpose for which he has been associated, but shall not be entitled to vote. **4. Conditions of service of members.—The term of office and other conditions of service of the** members shall be such as may be prescribed. 2[4A. Disqualifications for appointment as member.—A person shall be disqualified for being appointed as a member, if he— (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the Government or a company owned or controlled by the Government; or (e) has, in the opinion of the Central Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.] **5. Powers of Chairman and Vice-Chairman.—(1) The Chairman of the Authority shall, in addition** to presiding over the meetings of the Authority, exercise and discharge such powers and duties of the Authority as may be delegated to him by the Authority and such other powers and duties as may be prescribed. (2) The Vice-Chairman of the Authority shall exercise and discharge such of the powers and duties of the Chairman as may be prescribed or as may be delegated to him by the Authority. 1. Subs. by Act 40 of 2001, s. 2, for sub-section (3) (w.e.f. 1-7-2003). 2. Ins. by s. 3, ibid. (w.e.f. 1-7-2003). 4 ----- 1[5A. Meetings.—(1) The Authority 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 thereat, as may be provided by regulations. (2) The Chairman or in his absence, the Vice-Chairman, or in the absence of both, such other member as is chosen by the members present at the meeting of the Authority shall preside at the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairman or in his absence, the Vice-Chairman, or in the absence of both, the person presiding, shall have and exercise a second or casting vote.] **6. Removal, etc., of members.—(1) The Central Government may remove from the Authority any** member who, in its opinion,— (a) refuses to act, (b) has become incapable to act, (c) has so abused his office as to render his continuance in office detrimental to the public interest, or (d) is otherwise unsuitable to continue as a member. (2) The Central Government may suspend any member pending an inquiry against him. (3) No order of removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the Central Government and when such order is passed, the seat of the member removed shall be declared vacant. (4) A member who has been removed under this section shall not be eligible for re-appointment as a member or in any capacity under the Authority. **7. Vacancy, etc., not to invalidate proceedings of the Authority.—No act or proceeding of the** Authority shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person acting as a member of the Authority; or (c) any irregularity in the procedure of the Authority not affecting the merits of the case. **8. Secretary and other officers.—(1) The Authority may appoint the Secretary and such other** officers and employees as it considers necessary for the efficient discharge of its functions under this Act. (2) The terms and conditions of service of the Secretary and other officers and employees of the Authority shall be such as may be determined by regulations. **9. Advisory Committees.—(1) Subject to any rules made in this behalf, the Authority may from time** to time constitute such Advisory Committees as may be necessary for the efficient discharge of its functions. (2) Every Advisory Committee shall consist of such number of persons connected with shipping and navigation and allied aspects as the Authority may deem fit. **10. Authority to act on business principles.—In the discharge of its functions under this Act, the** Authority shall act, so far as may be, on business principles. 1. Ins. by Act 40 of 2001, s. 4 (w.e.f. 1-7-2003). 5 ----- CHAPTER III PROPERTY AND CONTRACTS **11. Transfer of assets and liabilities of the Central Government to the Authority.—(1) As from** such day as the Central Government may, appoint by notification in the Official Gazette,— (a) all properties and other assets vested in the Central Government for the purposes of Inland Water Transport Directorate, and administered by the Chief Engineer-cum-Administrator, Inland Water Transport Directorate, immediately before such day shall vest in the Authority; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the Central Government immediately before such day for or in connection with the purposes of Inland Water Transport Directorate shall be deemed to have been incurred; entered into and engaged to be done by, with, or for the Authority; (c) all non-recurring expenditure incurred by the Central Government for or in connection with the purposes of Inland Water Transport Directorate up to such day and declared to be capital expenditure by the Central Government shall, subject to such terms and conditions as may be determined by the Central Government, be treated as capital provided by the Central Government to the Authority; (d) all sums of money due to the Central Government in relation to Inland Water Transport Directorate immediately before such day shall be deemed to be due to the Authority; (e) all suits and other legal proceedings with respect to any matter in relation to Inland Water Transport Directorate which having been instituted by or against the Central Government are pending, or which could have been so instituted, immediately before such date shall on and after such date be continued or instituted by or against the Authority; and (f) every employee holding any office under the Central Government immediately before such day solely or mainly for or in connection with such affairs of Inland Water Transport Directorate as are relevant to the functions of the Authority under this Act shall be treated as on deputation with the Authority but shall hold his office in the Authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the Authority had not been constituted and shall continue to do so until the Central Government, either on its own motion or at the request of the Authority, recalls such employee to its service or until the Authority, with the concurrence of the Central Government, duly absorbs such employee in its regular service, whichever is earlier: Provided that during the period of deputation of any such employee with the Authority, the Authority shall pay to the Central Government in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the Central Government may, by order, determine: Provided further that any such employee, who has, in respect of the proposal of the Authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the Authority his intention of not becoming a regular employee of the Authority, shall not be absorbed by the Authority in its regular service. (2) If any dispute or doubt arises as to which of the properties, rights or liabilities of the Central Government have been transferred to the Authority or as to which of the employees serving under the Central Government are to be treated as on deputation with the Authority, under this section, such dispute or doubt shall be decided by the Central Government in consultation with the Authority and the decision of the Central Government thereon 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 absorption of any employee by the Authority in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority. 6 ----- **12. Contracts by the Authority.—Subject to the provisions of section 13, the Authority shall be** competent to enter into and perform any contract necessary for the discharge of its functions under this Act. **13. Mode of executing contracts on behalf of the Authority.—(1) Every contract shall, on behalf of** the Authority, be made by the Chairman or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the Authority: Provided that no contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Authority: Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Central Government. (2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be prescribed by regulations. (3) No contract which is not in accordance with the provisions of this Act and the regulations shall be binding on the Authority. CHAPTER IV FUNCTIONS AND POWERS OF THE AUTHORITY **14. Functions of the Authority.—(1) The Authority may—** (a) carry out surveys and investigations for the development, maintenance and better utilisation of the national waterways and the appurtenant land for shipping and navigation and prepare schemes in this behalf; (b) provide or permit setting up of infrastructural facilities for national waterways; (c) carry out conservancy measures and training works and do all other acts necessary for the safety and convenience of shipping and navigation and improvement of the national waterways; (d) control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterways and appurtenant land, in so far as they may affect safe and efficient, shipping and navigation, maintenance of navigable channels, river training and conservancy measures; (e) remove or alter any obstruction or impediment in the national waterways and the appurtenant land which may impede the safe navigation or endanger safety of infrastructural facilities or conservancy measures where such obstruction or impediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwise, after making compensation to person suffering damage by such removal or alteration; (f) provide for the regulation of navigation and traffic (including the rule of the road) on national waterways; (g) regulate the construction or alteration of structures on, across or under the national waterways; (h) disseminate navigational meteorological information about national waterways; (i) ensure co-ordination of inland water transport on national waterways with other modes of transport; and (j) establish and maintain pilotage on national waterways; 1[(k) enter into joint ventures concerning inland shipping by way of equity participation.] 1. Ins. by Act 40 of 2001, s. 5 (w.e.f. 1-7-2003). 7 ----- (2) The Authority may also— (a) advise the Central Government on matters relating to inland water transport; (b) study the transport requirement with a view to co-ordinating inland water transport with other modes of transport; (c) carry out hydrographic surveys and publish river charts; (d) assist, on such terms and conditions as may be mutually agreed upon, any State Government in formulation and implementation of scheme for inland water transport development; (e) develop consultancy services and provide such services, on such terms and conditions as may be mutually agreed upon, in India and abroad in relation to planning and development of waterways for shipping and navigation or any facility thereat; (f) conduct research in matters relating to inland water transport including development of craft design, mechanisation of country crafts, technique of towage, landing and terminal facilities, port installations and survey techniques; (g) lay down standards for classification of inland waterways; (h) arrange programme of technical training for inland water transport personnel within and outside the country; and (i) perform such other functions as may be necessary to carry out the provisions of this Act. (3) Any dispute arising out of or concerning the compensation referred to in clause (e) of sub-section (1) shall be determined according to the law relating to like disputes in the case of land required for public purposes. (4) Every scheme, prepared by the Authority to carry out functions under sub-sections (1) and (2), involving capital expenditure exceeding the amount as may be prescribed, shall be submitted to the Central Government for approval. (5) The Central Government may either approve the scheme submitted to it under sub-section (4) without modification or with such modifications as it may consider necessary or reject the scheme with directions to the Authority to prepare a fresh scheme according to such directions. **15. Amendment of schemes.—The Authority shall not make any material change in the scheme** approved under sub-section (5) of section 14 without the prior approval of the Central Government. _Explanation.—For the purposes of this section, “material change” means an increase in the cost of the_ scheme by more than twenty per cent. of its cost or a change in the benefit and cost ratio which either makes the cost component in the ratio exceeds the benefit or reduces the benefit component by more than twenty per cent. **16. [Power to fix maximum and minimum rates for passenger fares and freight for** **_goods.]—Omitted by the Inland Waterways Authority of India (Amendment) Act,_** 1993 (8 of 1994), s. 2 (w.e.f. 7-1-1994). CHAPTER V FINANCE, ACCOUNTS AND AUDIT **17. Levy and collection of fees and charges.—(1) The Authority may, with the previous approval of** the Central Government, levy fees and charges at such rates as may be laid down by regulations made in this behalf for services or benefits rendered in relation to the use of the national waterways for the purposes of shipping, navigation, infrastructural facilities, including facilities for passengers and facilities relating to the berthing of vessels, handling of cargoes and storage of cargoes. (2) The fees and charges levied under sub-section (1) shall be collected in such manner as may be determined by regulations. 8 ----- **18. Grants and loans by the Central Government.—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. **1[18A. Borrowing powers of the Authority.—The Authority may, in such manner and subject to** such terms and conditions as may be determined by regulations, borrow money from any source by the issue of bonds, debentures or other instruments as it may think fit for discharge of all or any of its functions under the Act.] **19. Constitution of the Fund.—(1) There shall be constituted a Fund to be called the Inland** Waterways Authority of India Fund and there shall be credited thereto— (a) any grants and loans made to the Authority by the Central Government under section 18; (b) all fees and charges received by the Authority under this Act; and (c) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (2) The Fund shall be applied for meeting— (a) salary, allowances and other remuneration of the members, officers and other employees of the Authority; (b) expenses of the Authority in the discharge of its functions under section 14; and (c) expenses on objects and for purposes authorised by this Act. **20. Budget.—The Authority shall prepare, in such form and at such time each financial year as may** be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the Central Government. **21. Investment of funds.—The Authority may invest its funds (including any reserve fund) in the** securities of the Central Government or in such other manner as may be prescribed. **22. Annual report.—The Authority shall prepare, in such form and at such time each financial year** as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government. **23. Accounts and audit.—The accounts of the Authority shall be maintained and audited in such** manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed and the Authority shall furnish, to the Central Government, before such date as may be prescribed, its audited copy of accounts together with the auditors’ report thereon. **24. Annual report and auditors’ report to be laid before Parliament.—The Central Government** shall cause the annual report and auditors’ report to be laid, as soon as may be after they are received, before each House of Parliament. CHAPTER VI MISCELLANEOUS **25. Power of Central Government to issue directions.—(1) Without prejudice to the foregoing** provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time: Provided that the Authority shall, as far as practicable, be given 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. **26. Compulsory acquisition of land for the Authority.—Any land required by the Authority for** discharging its functions under this Act shall be deemed to be needed for a public purpose and such land 1. Ins. by Act 40 of 2001, s. 6 (w.e.f. 1-7-2003). 9 ----- may be acquired for the Authority under the provisions of the Land Acquisition Act, 1894 (1 of 1894) or of any other corresponding law for the time being in force. **27. Application, etc., of certain laws.—(1) The provisions of this Act shall be in addition to the** provisions of the Indian Ports Act, 1908 (15 of 1908) and the Major Port Trusts Act, 1963 (38 of 1963) and in particular nothing in this Act shall affect any jurisdiction, functions, powers or duties required to be exercised, performed or discharged by— (a) the conservator of any port or by any officer or authority under the Indian Ports Act, 1908 (15 of 1908), or (b) the Board of Trustees for any major port or by any officer or authority under the Major Port Trusts Act, 1963 (38 of 1963), in or in relation to any portion of an inland waterway (including the national waterway) falling within the limits of such port or major port. (2) Nothing in this Act shall affect the operation of the Inland Vessels Act, 1917 (1 of 1917) or any other Central Act (other than the Indian Ports Act, 1908 (15 of 1908) and the Major Port Trusts Act, 1963 [38 of 1963]) or any State or provincial Act in force immediately before the commencement of this Act with respect to shipping and navigation on any national waterway [1]***. **28. Power to enter.—Subject to any rules made in this behalf, any person, generally or specially** authorised by the Authority in this behalf, may, whenever it in necessary so to do for any of the purposes of this Act, at all reasonable times, enter upon any land or premises and— (a) make any inspection, survey, measurement, valuation or inquiry; (b) take levels; (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work; (e) mark such level boundaries and lines by placing marks and cutting trenches; or (f) do such other acts or things as may be prescribed: Provided that no such person shall enter any building or 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 twenty-four hours’ notice in writing of his intention to do so. **29. Delegation.—The Authority may, by general or special order in writing, delegate to the Chairman** or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order such of its powers and functions under this Act (except the powers under section 35) as it may deem necessary. **30. Authentication of orders and other instruments of the Authority.—All orders and decisions** of the Authority shall be authenticated by the signature of the Chairman or any other member authorised by the Authority in this behalf and all other instruments executed by the Authority shall be authenticated by the signature of an officer of the Authority authorised by the Authority in this behalf. **31. Members, officers and employees of the Authority to be public servants.—All members,** officers and other employees of the Authority 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). **32. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceedings** shall lie against the Government or any officer of the Government or any member, officer or employee of 1. Certain words omitted by Act 8 of 1994, s. 3 (w.e.f. 7-1-1994). 10 ----- the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. (2) No suit or other legal proceedings shall lie against the Authority 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 Authority to provide for relief measures necessitated by floods or by breaches and failures of works. **33. Power of Central Government to supersede the Authority.—(1) If, at any time, the Central** Government is of opinion— (a) that on account of a grave emergency, the Authority is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) that the Authority has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of which default the financial position of the Authority or the administration of any national waterway has deteriorated; or (c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding six months, as may be specified in the notification: Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (b), the Central Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objection, if any, of the Authority. (2) Upon the publication of a notification under sub-section (1) superseding the Authority,— (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 the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Authority shall, until the Authority 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 Authority by fresh appointment and in such case any persons who vacated their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before such House of Parliament at the earliest opportunity. **34. 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) 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 the members of the Authority under section 4; 11 ----- (b) the powers and duties of the Chairman and Vice-Chairman under section 5; (c) the matters with respect to the Advisory Committee referred to in sub-section (1) of section 9; (d) the amount required to be prescribed under sub-section (4) of section 14; (e) the form in which, and the time at which, the Authority shall prepare its budget under section 20 and its annual report under section 22; (f) the manner in which the Authority may invest its funds under section 21; (g) the manner in which the accounts of the Authority shall be maintained and audited under section 23; (h) the conditions and restrictions with respect to exercise of the power to enter under section 28 and the matters referred to in clause (f) of that section; and (i) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules. **35. Power to make regulations.—(1) The Authority may, with the previous approval of the Central** Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner in which and the purposes for which, the Authority may associate with itself any person under sub-section (4) of section 3; (b) the terms and conditions of service of the Secretary and other officers and employees of the Authority under sub-section (2) of section 8; (c) the contracts or class of contracts which are to be sealed with the common seal of the Authority and the form and manner in which a contract may be made by the Authority; (d) the manner in which, and the conditions subject to which, any functions in relation to the matters referred to in sub-sections (1) and (2) of section 14 may be performed; (e) the rule of the road on a national waterway; (f) the safe, efficient and convenient use, management and control of the infrastructures and infrastructural facilities; (g) the reception, porterage, storage and removal of goods brought on a national waterway, and the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged; (h) regulating, declaring and defining the docks, wharfs, jetties, landing stages on which goods shall be landed from vessels and shipped on board vessels; (i) regulating the manner in which and the conditions under which the loading and unloading of vessels on a national waterway shall be carried out; and (j) the exclusion from a national waterway of disorderly or other undesirable persons and of trespassers; 1[(k) the terms and conditions for issue of bonds, debentures or other instruments; (l) the time, place and the rules of procedure with regard to the transaction of business at its meetings including the quorum under sub-section (1) of section 5A.] (3) Any regulation made under any of the clauses (c) to (j) of sub-section (2) may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the 1. Ins. by Act 40 0f 2001, s. 7 (w.e.f. 1-7-2003). 12 ----- case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention. **36. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **37. 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 may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of five years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **38. Amendment of Act 49 of 1982.—In the National Waterway (Allahabad-Haldia Stretch of the** Ganga-Bhagirathi-Hooghly River) Act, 1982,— (a) in section 3, for the words “Central Government”, the word “Union” shall be substituted, and for the words “to the extent hereinafter provided”, the words and figures “to the extent provided in the Inland Waterways Authority of India Act, 1985” shall be substituted; (b) sections 4 to 15 shall be omitted. 13 -----

8-Jan-1986

02

The Agricultural and Processed Food Products Export Development Authority Act, 1985

https://www.indiacode.nic.in/bitstream/123456789/1865/1/A1986-02.pdf

central

# THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1985 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to amend Schedule. CHAPTER II AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY 4. Establishment and constitution of the Authority. 5. Salary and Allowances and other conditions of service of Chairman and allowances of members. 6. Chairman to be chief executive. 7. Secretary of the Authority and other staff. 8. Special provision for transfer of employees to the Authority. 9. Committees of the Authority. 10. Functions of the Authority. 10A. Functions in respect of Special products, etc. 11. Power to supersede the Authority. CHAPTER III REGISTRATION 12. Registration of exporters. 13. Application, cancellation, fee payable and other matters relating to registration. 14. Returns to be made by exporters. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 15. Grants or loans by the Central Government. 16. Constitution of Agricultural and Processed Food Products Export Development Fund. 17. Borrowing powers of the Authority. 18. Accounts and audit. 1 ----- CHAPTER V CONTROL BY THE CENTRAL GOVERNMENT SECTIONS 19. Power to prohibit or control imports and exports of Scheduled products. 20. Directions by the Central Government. 21. Returns and reports. CHAPTER VI MISCELLANEOUS 22. Penalty for making false reports. 23. Penalties for obstructing a member or officer of the Authority in the discharge of his duty and for failure to produce books and records. 24. Other penalties. 25. Offences by companies. 26. Jurisdiction of court. 27. Previous sanction of the Central Government. 28. Protection of action taken in good faith. 29. Power to delegate. 30. Suspension of operation of this Act. 31. Application of other laws not barred. 32. Power to make rules. 33. Power to make regulations. 34. Rules and regulations to be laid before Parliament. 35. Validation. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 2 ----- # THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1985 ACT NO. 2 OF 1986 [8th January, 1986.] # An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agricultural and processed food products and for matters connected therewith. BE it enacted by Parliament in the Thirty-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 Agricultural and** Processed Food Products Export Development Authority Act, 1985. (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. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Authority” means the Agricultural and Processed Food Products Export Development Authority established under section 4; (b) “Chairman” means the Chairman of the Authority; (c) “export” means taking out of India by land, sea or air; (d) “exporter” means a person registered as an exporter of Scheduled products under section 12; (e) “member” means a member of the Authority and includes the Chairman; (f) “prescribed” means prescribed by rules made under this Act; (g) “processing” in relation to [2][Scheduled products or, as the case may be, Special products] includes the process of 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 Official Gazette, specify in this behalf; (h) “regulations” means regulations made under this Act; (i) “Scheduled product” means any of the agricultural or processed food products included in 3[the First Schedule]; 4[(j) “Special product” means any of the agricultural or processed food products included in the Second Schedule.] **5[3. Power to amend the Schedule.— The Central Government may, having regard to the objects to** 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, the First Schedule or the Second Schedule any agricultural or processed food product and on such addition, or as the case may be, omission, such product shall be, or shall cease to be, a Scheduled product or Special product as the case may be.] 1. 13th February, 1986, vide notification No. S.O. 55(E), dated 13th February, 1986, see Gazette of India, 1986, Extraordinary, Part II, sec. 3(ii). 2. Subs. by Act 20 of 2009, s. 2, for “Scheduled products” (w.e.f. 13-10-2008). 3. Subs. by s. 2, ibid., for “the Schedule” (w.e.f. 13-10-2008). 4. Ins. by s. 2, ibid. (w.e.f. 13-10-2008). 5. Subs. by s. 3. ibid., for section 3 (w.e.f. 13-10-2008). 3 ----- CHAPTER II AGRICULTURAL AND PROCESSED FOOD 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, appoint in this behalf, there shall be established for the purposes of this Act, an Authority to be called the Agricultural and Processed Food 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 head office of the Authority shall be at Delhi and the Authority may, with the previous approval of the Central Government, establish offices or agencies at other places in or outside India. (4) The Authority shall consist of the following members, namely:— (a) a Chairman, to be appointed by the Central Government; (b) the Agricultural Marketing Adviser to the Government of India, ex officio; (c) one member to be appointed by the Central Government to represent the Planning Commission; (d) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; (e) eight members to be appointed by the Central Government to represent, respectively, the Ministries of the Central Government dealing with— (i) agriculture and rural development; (ii) commerce; (iii) finance; (iv) industry; (v) food; (vi) civil supplies; (vii) civil aviation; (viii) shipping and transport; (f) five members to be appointed by the Central Government by rotation in the alphabetical order to represent the States and the Union territories: Provided that an appointment under this clause shall be made on the recommendation of the Government of the State, or as the case may be, the Union territory concerned; (g) seven members to be appointed by the Central Government to represent,— (i) the Indian Council of Agricultural Research; (ii) the National Horticulture Board; (iii) the National Agricultural Co-operative Marketing Federation; (iv) the Central Food Technological Research Institute; (v) the Indian Institute of Packaging; (vi) the Spices Export Promotion Council; and (vii) the Cashewnut Export Promotion Council; 4 ----- (h) twelve members to be appointed by the Central Government to represent,— (i) fruit and vegetable products industries; (ii) meat, poultry and dairy products industries; 1[(iii) other Scheduled products or Special products industries;] (iv) packaging industry: Provided that the number of members appointed to represent any of the groups of industries specified in sub-clauses (i) to (iii) or the industry specified in sub-clause (iv) shall in no case be less than two; (i) two members to be appointed by the Central Government from amongst specialists and scientists in the field of agriculture, economics and marketing of Scheduled products. (5) The term of office of the members, other than the member referred to in clause (b) of sub-section (4) 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) 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. (7) No act or proceeding of the Authority or any committee appointed by it under section 9 shall be invalid 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. (8) The Authority 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 its meetings) as may be provided by the regulations. **5. Salary and Allowances and other conditions of service of Chairman and allowances of** **members.—(1) The Chairman shall be entitled to such salary and allowances and shall be subject to such** conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Government. (2) The other members of the Authority shall receive such allowances as may be fixed by the Central Government. (3) A member, other than the _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. **6. Chairman to be chief executive.—The Chairman shall be the chief executive of the Authority and** shall exercise such powers and perform such duties as may be prescribed. **7. Secretary of the Authority and other staff.—(1) The Central Government shall appoint a** Secretary to the Authority who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Chairman. (2) 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 such other matters as may, from time to time, be fixed by the Central Government. 1. Subs. by Act 20 of 2009, s. 4, for sub-clause (iii) (w.e.f. 13-10-2008). 5 ----- (3) 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 the method of appointment, the scale of pay and allowances and other conditions of service of such other officers and employees of the Authority shall be such as may be provided by the Authority by regulations. (4) The Chairman, the Secretary and other officers and 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. Special provision for transfer of employees to the Authority.—(1) On the establishment of the** Authority, it shall be lawful for the Central Government to transfer to the Authority, 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 Processed Foods Export Promotion Council (hereafter in this section referred to as the Council) immediately before the date on which the Authority is established: Provided that the scale of pay of the post in the Authority 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. (2) An order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this Act. (3) Before any order is issued under sub-section (1), all officers and employees of the Council shall be given an option to express, in such form as may be prescribed, and within such time as may be specified in that behalf by the Central Government, their willingness or otherwise to become employees of the Authority 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 employees of the Council who has intimated his intention of not becoming an employee of the Authority within the time specified in that behalf: Provided further that such of the officers and employees of the Council who do not express, within the time specified in that behalf, their intention of becoming the employees of the Authority, shall be dealt with in the same manner and in accordance with the same laws and standing orders as would have applied immediately before the commencement of this Act to the employees of the Council in the event of the reduction of the strength of the officers and employees of the Council. (4) 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 Council and become an officer or other employee of the Authority with such designation as the Authority may determine and shall, subject to the provisions of the proviso to sub-section (1), be governed by the regulations made by the Authority 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 Authority unless and until his employment is duly terminated by the Authority: 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 Authority, the relevant laws and standing orders applicable to the officers and employees of the Council shall continue to be applicable to them. (5) If a question arises whether the terms and conditions of service prescribed in the regulations framed by the Authority 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 immediately before his transfer to the Authority, the decision of the Central Government in the matter shall be final. **9. 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. 6 ----- (2) The Authority 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 Authority 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 its proceedings but shall not have the right to vote. (3) The persons co-opted as members of a committee under sub-section (2) shall be entitled to receive such allowances for attending meetings of the committee as may be fixed by the Central Government. **10. Functions of the Authority.—(1) It shall be the duty of the Authority to undertake, by such** measures as it thinks fit, the development and promotion, under the control of the Central Government, of export of Scheduled products. (2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for— (a) the development of industries relating to the Scheduled products for export by way of providing financial assistance or otherwise for undertaking surveys and feasibility studies, participation in the equity capital through joint ventures and other reliefs and subsidy schemes; (b) the registration of persons as exporters of the Scheduled products on payment of such fees as may be prescribed; (c) the fixing of standards and specifications for the Scheduled products for the purposes of export; (d) the carrying out of inspection of meat and meat products in any slaughterhouse, processing plant, storage premises, conveyances or other places where such products are kept or handled for the purpose of ensuring the quality of such products; (e) the improving of packaging of the Scheduled products; (f) the improving of the marketing of the Scheduled products outside India; (g) the promotion of export oriented production and development of the Scheduled products; (h) the collection of statistics from the owners of factories or establishments engaged in the production, processing, packaging, marketing or export of the Scheduled products or from such other persons as may be prescribed on any matter relating to the Scheduled products; and the publication of the statistics so collected, or of any portions thereof or extracts therefrom; (i) the training in various aspects of the industries connected with the Scheduled products; (j) such other matters as may be prescribed. 1[10A. Functions in respect of Special products, etc.—Without prejudice to any law for the time being in force, it shall be the duty of the Authority to undertake, by such measures as may be prescribed by the Central Government for registration and protection of the Intellectual Property rights in respect of Special products in India or outside India. _Explanation.—For the purpose of this section “Intellectual Property” means any right to intangible_ property, namely, trade marks, designs, patents, geographical indications or any other similar intangible property, under any law for the time being in force.] **11. Power to supersede the Authority.—(1) If the Central Government is of the opinion that the** Authority is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the Central Government under section 20, the Central Government may, by notification in the Official Gazette, supersede the Authority for such period as may be specified in the notification: 1. Ins. by Act 20 of 2009, s. 5 (w.e.f. 13-10-2008). 7 ----- Provided that before issuing a notification under this sub-section, the Central Government shall give reasonable time to the Authority to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Authority. (2) Upon the publication of a notification under sub-section (1) superseding the Authority,— (a) all the members of the Authority shall, notwithstanding that their term of office has not expired as from the date of supersession, vacate their offices as such members; (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Authority shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct; (c) all property vested in the Authority shall, during the period of supersession, 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 period as it may consider necessary; or (b) reconstitute the Authority in the manner provided in section 4. CHAPTER III REGISTRATION **12. Registration of exporters.—(1) Every person exporting any one or more of the Scheduled** products shall, before the expiration of one month from the date on which he undertakes such export or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the Authority to be registered as an exporter of the Scheduled product or Scheduled products: 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. **13. Application, cancellation, fee payable and other matters relating to registration.—The form** of application for registration under section 12 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. **14. Returns to be made by exporters.—(1) Every exporter, referred to in sub-section (1) of** section 12, 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 processing plant or any other establishment of the exporter at any time to verify the accuracy of any return made under this section. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **15. Grants or 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 think fit for being utilised for the purposes of this Act. 8 ----- **16. Constitution of Agricultural and Processed Food Products Export Development Fund.—(1)** There shall be formed a Fund to be called the Agricultural and Processed Food Products Export Development Fund and there shall be credited thereto— (a) any sums of money which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from and out of the proceeds of the cess credited under section 4 of the Agricultural and Processed Food Products Export Cess Act, 1985, after deducting therefrom the expenses of collection of the cess and the amount, if any, refunded; (b) all fees levied and collected in respect of registration and other matters under this Act or the rules made thereunder; (c) any grants or loans that may be made by the Central Government for the purposes of this Act under section 15; and (d) any grants or loans that may be made by any State Government, voluntary organisation or other institution for the purposes of this Act: Provided that no such grant, loan or donation shall be credited to the Fund except with the prior approval of the Central Government. (2) The Fund shall be applied for— (a) meeting the cost of the measures referred to in section 10; (b) meeting the salaries, allowances and other remuneration of the members, officers and other employees, as the case may be, of the Authority; (c) meeting the other administrative expenses of the Authority and any other expenses authorised by or under this Act; and (d) repayment of any loan. **17. 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 Agricultural and Processed Food Products Export Development Fund or any other asset for carrying out the purposes of this Act. **18. Accounts and audit.—(1) 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. (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 the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. CHAPTER V CONTROL BY THE CENTRAL GOVERNMENT **19. Power to prohibit or control imports and exports of Scheduled products.—(1) The Central** Government may, by order published in the Official Gazette, make provision for prohibiting, restricting 9 ----- or otherwise controlling the import or export of the Scheduled products, either generally or in specified classes of cases. (2) All Scheduled products to which any order under sub-section (1) applies, shall be deemed to be goods of which the 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. **20. Directions by the 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. **21. 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 export of the Scheduled products, 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, as soon as may be, after it is received, before each House of Parliament. CHAPTER VI MISCELLANEOUS **22. Penalty for making false reports.—Any person who, being required by or under this Act to** furnish any return, fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees. **23. Penalties for obstructing a member or officer of the Authority in the discharge of his duty** **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 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; 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. **24. Other penalties.—Whoever contravenes or attempts to contravene or abets the contravention of** the provisions of this Act or of any rules made hereunder other than the provisions, the punishment for the contravention whereof has been provided for in sections 19, 22 and 23, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both and 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. **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 10 ----- 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 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. **27. Previous sanction of the Central Government.—No prosecution for any offence punishable** under this Act shall be instituted except with previous sanction of the Central Government. **28. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall** lie against the Central 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 Central Government or of the Authority or any other person authorised by the Central 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. **29. Power to delegate.—The Central Government may, by order published in the Official Gazette,** direct that any power exercisable by it under this Act (not being the power to make rules under section 32) 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. **30. Suspension of operation of this 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, it may, by notification in the Official Gazette, suspend or relax to such extent and 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. **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 to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the term of office of the members [other than the member referred to in clause (b) of sub-section (4) of section 4], the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members, under sub-section (5) of section 4; (b) the powers which may be exercised and the duties which may be performed by the Chairman as the chief executive of the Authority under section 6; 11 ----- (c) the powers which may be exercised and the duties which shall be performed by the Secretary of the Authority under sub-section (1) of section 7; (d) the control and restrictions subject to which other officers and employees may be appointed by the Authority under sub-section (3) of section 7; (e) the form in which and the time within which option may be given by the officers and employees of the Processed Foods Export Promotion Council under sub-section (3) of section 8; (f) payment of fees for the registration of exporters of Scheduled products under clause (b) of sub-section (2) of section 10; (g) persons other than the owners from whom the collection of statistics in respect of any matter relating to Scheduled products may be made under clause (h) of sub-section (2) of section 10; (h) the additional matters in respect of which the Authority may undertake measures in the discharge of its functions under clause (j) of sub-section (2) of section 10; 1[(ha) the measures for registration and protection of the Intellectual Property rights under section 10A;] (i) the form and the manner of making application for registration and for cancellation of registration, the fee payable on such application and the procedure to be followed in granting and cancelling registration and the conditions governing such registration, under section 13; (j) the time at which and the manner in which an exporter shall furnish returns to the Authority under sub-section (1) of section 14; (k) the form in which the accounts of the Authority shall be maintained under sub-section (1) of section 18; (l) the form and manner in which and the time at which the Authority shall furnish returns and statements to the Central Government under sub-section (1) of section 21; (m) the form in which and the date before which the Authority shall furnish to the Central Government the report of its activities and programme under sub-section (2) of section 21; (n) any other matter which is to be or may be prescribed under this Act. **33. Power to make regulations.—(1) The Authority may, with the previous sanction of the Central** Government, 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 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 Authority 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 (8) 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 Authority under sub-section (3) of section 7; (c) generally for the efficient conduct of the affairs of the Authority. (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. 1. Ins. by Act 20 of 2009, s. 6 (w.e.f. 13-10-2008). 12 ----- **34. 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. 1[35. Validation.—All things done, or, omitted to be done, and all actions or measures taken, or, not taken, during the period beginning on or after the 13th day of October, 2008 and ending immediately before the date of commencement of the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009 (20 of 2009), shall, in so far as they are in conformity with the provisions of this Act, as amended by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009, be deemed to have been done, or, omitted to be done, or, taken, or, not taken, under the provisions of this Act, as amended by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009, as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said period.] 1. Ins. by Act 20 of 2009, s. 7 (w.e.f. 13-10-2008). 13 ----- 1[THE FIRST SCHEDULE] [See section 2(i)] 1. Fruits, vegetables and their products. 2. Meat and meat products. 3. Poultry and poultry products. 4. Dairy products. 5. Confectionary, biscuits and bakery products. 6. Honey, jaggery and sugar products. 7. Cocoa and its products, chocolates of all kinds. 8. Alcoholic and non-alcoholic beverages. 9. Cereal products. 10. Cashewnuts, groundnuts, peanuts and walnuts. 11. Pickles, chutneys and papads. 12. Guar Gum. 13. Floriculture and floriculture products. 14. Herbal and medicinal plants. 2[15. De-oiled rice bran.] 1. The Schedule numbered as the First Schedule by Act 20 of 2009, s. 8 (w.e.f. 13-10-2008). 2. Added by Notification No. S.O. 2100(E) (dated 5[th] May, 2022). 14 ----- 1[THE SECOND SCHEDULE [See section 2(j)] Basmati rise.] 1. Ins. by Act 20 of 2009, s. 8 (w.e.f. 13-10-2008). 15 -----

20-Mar-1986

10

The Spices Board Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1872/4/a1986-10.pdf

central

# THE SPICES BOARD ACT, 1986 _______________ # ARRANGEMENT OF SECTIONS _______________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE SPICES BOARD 3. Constitution and incorporation of the Board. 4. Secretary and other officers. 5. Advisory Committees. 6. Transfer of assets and liabilities of the Cardamom Board and the Spices Export Promotion Council to the Board. 7. Functions of the Board. CHAPTER III REGISTRATION OF OWNERS OF CARDAMOM ESTATES 8. Registration of owners of cardamom estates. 9. Power of State Government to make rules. 10. Returns to be made by registered owners. CHAPTER IV CERTIFICATE FOR EXPORT OF SPICES 11. No person to export spices without certificate. 12. Grant of certificate. 13. Cancellation, suspension, etc., of certificate. 14. Appeal. 15. Power to permit export without certificate. CHAPTER V CONTROL BY THE CENTRAL GOVERNMENT 16. Power to control price and distribution of cardamom. 17. Power to prohibit or control import of cardamom. 18. Power of the Central Government to issue directions. 19. Power of the Central Government to supersede the Board. CHAPTER VI FINANCE, ACCOUNTS AND AUDIT 20. Grants and loans by the Central Government. 21. Board Fund. 22. Budget. 23. Annual report. 24. Accounts and audit. 25. Annual report and auditor’s report to be laid before Parliament. 1 ----- CHAPTER VII MISCELLANEOUS SECTIONS 26. Penalty for making false returns. 27. Penalties for obstructing an officer or member of the Board in the discharge of his duties and for failure to produce books and records. 28. [Omitted.]. 29. Penalties for contravention of section 11 or any order made under section 17. 30. Other penalties. 30A. Adjudication of penalties. 31. Offences by companies. 32. Provisions of Act 52 of 1962 to apply to export of spices and import of cardamom. 33. Previous sanction of the Central Government. 34. Delegation. 35. Members, officers and employees of the Board to be public servants. 36. Protection of action taken in good faith. 37. Power to enter. 38. Power to make rules. 39. Power to make regulations. 40. Rules and regulations to be laid before Parliament. 41. Power to remove difficulties. 42. Repeal and savings. THE SCHEDULE. 2 ----- # THE SPICES BOARD ACT, 1986 ACT NO. 10 OF 1986 [20th _March, 1986.]_ # An Act to provide for the constitution of a Board for the development of export of spices and for the control of cardamom industry including the control of cultivation of cardamom and matters connected therewith. BE it enacted by Parliament in the Thirty-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 Spices Board Act, 1986.** (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) “Board” means the Spices Board constituted under sub-section (1) of section 3; (b) “cardamom” means the fruit of cardamom plant and includes green cardamom, bleached cardamom, bleachable white cardamom, sun-dried cardamom, cardamom seeds, powdered cardamom and oil extracted from cardamom; (c) “cardamom plant” means ELETTARIA CARDAMOMUM MATON, AMMOMUM SUBULATUM ROXB and any other plant which the Board may, by notification in the Official Gazette, declare to be a cardamom plant for the purposes of this Act; (d) “certificate” means a certificate granted under section 12; (e) “dealer” means a dealer in spices; (f) “estate” means the area administered as one unit which contains land planted with cardamom plants; (g) “export” and “import” mean, respectively, taking out of or bringing into India by land, sea and air; (h) “manufacturer” means a manufacturer of spices; (i) “member” means a member of the Board appointed under sub-section (3) of section 3; (j) “owner”, in relation to any land planted with cardamom plants, includes— (i) any agent of the owner; and (ii) a mortgagee, lessee or other person in actual possession of the land; (k) “prescribed” means prescribed by rules made under this Act; (l) “registered estate” means an estate in respect of which an owner is registered under sub-section (1) of section 8 and includes any estate in respect of which an owner is required to be registered under the provisions of that sub-section; (m) “registered owner” means an owner of a registered estate which has been or is registered or is required to be registered under sub-section (1) of section 8; and 1. 26th February, 1987, vide Notification No. S.O. 122(E), dated 26th February, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- (n) “spices” means the spices specified in the Schedule: Provided that the Central Government may, if satisfied that it is necessary or expedient in the public interest so to do, by notification in the Official Gazette, add any other spice to the Schedule or omit any spice therefrom. CHAPTER II THE SPICES BOARD **3. Constitution and incorporation of the Board.—(1) The Central Government shall, by** notification in the Official Gazette, constitute, for the purposes of this Act, a Board, to be called the Spices 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 contract and shall, by the said name, sue and be sued. (3) The Board shall consist of such number of members, not exceeding thirty-two, as may be prescribed, and unless the rules made in this behalf otherwise provide, the Board shall consist of the following members, namely:— (a) a Chairman; (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) three members to represent respectively the Ministries of the Central Government dealing with— (i) Commerce; (ii) Agriculture; and (iii) Finance; (d) six members to represent the growers of spices; (e) eleven members to represent the exporters of spices; (f) three members to represent major spice producing States; (g) five members, one each to represent— (i) the Directorate of Cocoa, Arecanut and Spices Development, Calicut; (ii) the Indian Institute of Packaging, Bombay; (iii) the Central Food Technological and Research Institute, Mysore; (iv) the Regional Research Laboratory, Trivandrum; and (v) the Central Plantation Crops Research Institute, Kasargode. (4) The office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. (5) The term of office of the members and other conditions of service of the members shall be such as may be prescribed. (6) The Chairman shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegated to him by the Board and such other powers and duties as may be prescribed. (7) The Board shall elect from among its members a Vice-Chairman who shall exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. 4 ----- (8) No act or proceeding of the Board shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board; (b) any defect in the appointment of a person acting as a member of the Board; (c) any irregularity in the procedure of the Board not affecting the merits of the case. **4. Secretary and other officers.—(1) The Board may appoint the Secretary and such other officers** and employees as it considers necessary for the efficient discharge of its functions under this Act. (2) The terms and conditions of service of the Secretary and other officers and employees of the Board shall be such as may be determined by regulations. **5. Advisory Committees.—(1) Subject to any rules made in this behalf, the Board may, from time to** time, constitute such committees as may be necessary for the efficient discharge of its functions. (2) Every committee constituted under sub-section (1) shall consist of such number of persons as the Board may deem fit. **6. Transfer of assets and liabilities of the Cardamom Board and the Spices Export Promotion** **Council to the Board.—(1) On and from the commencement of this Act,—** (a) all properties and other assets vested in the Cardamom Board and the Spices Export Promotion Council immediately before such commencement shall vest in the Board; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the Cardamom Board or the Spices Export Promotion Council immediately before such commencement for or in connection with the purposes of the Cardamom Board or the Spices Export Promotion Council shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the Board; (c) all sums of money due to the Cardamom Board or the Spices Export Promotion Council immediately before such commencement shall be deemed to be due to the Board; (d) all suits and other legal proceedings instituted or which could have been instituted by or against the Cardamom Board or the Spices Export Promotion Council immediately before such commencement may be continued or instituted by or against the Board; and (e) every employee holding any office under the Cardamom Board or the Spices Export Promotion Council immediately before such commencement shall on such commencement hold his office or service under the Board 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 Board is duly terminated or until his remuneration and other conditions of service are duly altered by the Board. (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 absorption of any employee by the Board in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority. **7. Functions of the Board.—(1) The Board may—** (i) develop, promote and regulate export of spices; (ii) grant certificate for export of spices and register brokers therefor; (iii) undertake programmes and projects for promotion of export of spices; (iv) assist and encourage studies and research for improvement of processing, quality, techniques of grading and packaging of spices; (v) strive towards stabilisation of prices of spices for export; (vi) evolve suitable quality standards and introduce certification of quality through “Quality Marking” for spaces for export; 5 ----- (vii) control quality of spices for export; (viii) give licences, subject to such terms and conditions as may be prescribed, to the manufacturers of spices for export; (ix) market any spice, if it considers necessary, in the interest of promotion of export; (x) provide warehousing facilities abroad for spices; (xi) collect statistics with regard to spices for compilation and publication; (xii) import, with the previous approval of the Central Government, any spice for sale; and (xiii) advise the Central Government on matters relating to import and export of spices. (2) The Board may also— (i) promote co-operative efforts among growers of cardamom; (ii) ensure remunerative returns to growers of cardamom; (iii) provide financial or other assistance for improved methods of cultivation and processing of cardamom, for replanting cardamom and for extension of cardamom growing areas; (iv) regulate the sale of cardamom and stabilisation of prices of cardamom; (v) provide training in cardamom testing and fixing grade standards of cardamom; (vi) increase the consumption of cardamom and carry on propaganda for that purpose; (vii) register and licence brokers (including auctioneers) of cardamom and persons engaged in the business of cardamom; (viii) improve the marketing of cardamom; (ix) collect statistics from growers, dealers and such other persons as may be prescribed on any matter relating to the cardamom industry; publish statistics so collected or portions thereof or extracts therefrom; (x) secure better working conditions and the provision and improvement of amenities and incentives for workers; and (xi) undertake, assist or encourage scientific, technological and economic research. CHAPTER III REGISTRATION OF OWNERS OF CARDAMOM ESTATES **8. Registration of owners of cardamom estates.—(1) Every owner of land planted with cardamom** plants, whether such land is comprised in one estate or more than one estate, shall, before the expiration of one month from the date on which he first became owner of such estate or estates, apply to the registering officer appointed in this behalf by the State Government to be registered as an owner in respect of each estate owned by him: Provided that the State Government may, for sufficient reasons, 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 registering officer. **9. Power of State Government to make rules.—(1) The State Government may, by notification in** the Official Gazette, make rules to carry into effect the provisions of section 8. (2) Without prejudice to the generality of the foregoing power, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such applications, the particulars to be included in such application, the procedure to be followed in granting and cancelling registration, the registers to be kept by registering officers and the supply by registering officers of information to the Board. 6 ----- **10. Returns to be made by registered owners.—(1) A registered owner shall furnish returns to the** Board in such form, at such times and in such manner as may be prescribed. (2) The Board may authorise an officer to visit any estate at any time to verify the accuracy of any return made under this section or to ascertain the productive capacity of the estate. CHAPTER IV CERTIFICATE FOR EXPORT OF SPICES **11. No person to export spices without certificate.—Save as otherwise provided in this Act, no** person shall, after the commencement of this Act, commence or carry on the business of export of any spice except under and in accordance with a certificate: Provided that a person carrying on the business of export of spices immediately before the commencement of this Act, may continue to do so for a period of three months from such commencement; and if he has made an application for such certificate within the said period of three months till the disposal of such application. _Explanation.—The reference in this section to the commencement of this Act shall be construed in_ relation to any spice added to the Schedule by notification under the proviso to clause (n) of section 2 as reference to the date with effect from which such spice is added to the Schedule. **12. Grant of certificate.—(1) An application for grant of certificate shall be made to the Board in** such form and shall contain such particulars as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee. (2) On receipt of such application, the Board shall— (a) if the application is not in the prescribed form or does not contain any of the prescribed particulars, return the application to the applicant; or (b) if the application is in the prescribed form and contains the prescribed particulars, grant the certificate subject to such terms and conditions as may be determined by regulations. **13. Cancellation, suspension; etc. of certificate.—(1) The Board may cancel any certificate on any** one or more of the following grounds, namely:— (a) that the holder of the certificate has violated any of the terms and conditions of the certificate; and (b) that in the opinion of the Central Government it is necessary in the interests of general public to cancel the certificate. (2) Where the Board, for reasons to be recorded in writing, is satisfied that pending consideration of the question of cancelling the certificate on any grounds mentioned in sub-section (1), it is necessary so to do, the Board may, by order in writing, suspend the operation of the certificate for such period not exceeding forty-five days as may be specified in the order and require the holder of the certificate to show cause, within fifteen days from the date of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled. (3) No order of cancellation of registration under this section shall be made unless the person concerned has been given a reasonable opportunity of being heard in respect of the grounds for such cancellation. **14. Appeal.—(1) Any person aggrieved by an order made under section 13 may prefer an appeal to** the Central Government within such period as may be prescribed. (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: 7 ----- Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the prescribed period. (3) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of order appealed against and by such fees as may be prescribed. (4) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard. (5) The Central Government may confirm, modify or reverse the order appealed against. **15. Power to permit export without certificate.—The Central Government may, if satisfied that it** is necessary or expedient, so to do, in public interest, by notification in the Official Gazette and subject to such conditions, if any, as may be specified therein, permit any body or other agency to commence or carry on the business of export of spices without a certificate. CHAPTER V CONTROL BY THE CENTRAL GOVERNMENT **16. Power to control price and distribution of cardamom.—(1) The Central Government may, by** order notified in the Official Gazette, fix in respect of cardamom of any description specified therein— (a) the maximum price or the minimum price, or the maximum and minimum prices, which may be charged by a grower of cardamom or cardamom dealer, wholesale or retail, whether for the Indian market or for export; and (b) the maximum quantity which may in one transaction be sold to any person. (2) Without prejudice to the generality of the powers conferred by sub-section (1), any order made thereunder may provide— (a) for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, cardamom to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; and (b) for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, and the seizure by a person authorised to make such search, of cardamom in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be, committed. **17. Power to prohibit or control import of cardamom.—The Central Government may, by order** published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling the import of cardamom, either generally or in specified classes of cases. **18. Power of the Central Government to issue directions.—(1) Without prejudice to the foregoing** provisions of this Act, the Board shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time: Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section. (2) The decision of the Central Government whether a question is one of policy or not shall be final. 8 ----- **19. Power of the Central Government to supersede the Board.—(1) If at any time the Central** Government is of opinion— (a) that on account of grave emergency, the Board is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) that the Board has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Board or the administration of the Board has deteriorated; or (c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Board for such period, not exceeding six months, as may be specified in the notification. (2) Upon the publication of a notification under sub-section (1) superseding the 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 the provisions of this Act, be exercised or discharged by or on behalf of the Board, shall until the Board is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; and (c) all property owned or controlled by the Board shall, until the Board 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 reconstitute the Board by a fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time, before the expiration of the period of supersession, take action under this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest. CHAPTER VI FINANCE, ACCOUNTS AND AUDIT **20. Grants and loans by the Central Government.—The Central Government may, after due** appropriation made by Parliament by law, in this behalf, make to the Board grants and loans of such sums of money as that Government may consider necessary. **21. Board Fund.—(1) There shall be constituted a fund to be called the Spices Board Fund and there** shall be credited thereto— (a) any grants and loans made to the Board by the Central Government under section 20; (b) all fees levied and collected in respect of certificates granted under this Act; and (c) all sums received by the Board from such other sources as may be decided upon by the Central Government. (2) The Fund shall be applied for meeting— (a) salary, allowances and other remuneration of the members, officers and other employees of the Board; (b) expenses of the Board in the discharge of its functions under section 7; and 9 ----- (c) expenses on objects and for purposes authorised by this Act. **22. Budget.—The Board shall prepare in such form and at such time each financial year, as may be** prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Board and forward the same to the Central Government. **23. Annual report.—The Board shall prepare, in such form and at such time each financial year, as** may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government. **24. 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 and the Board shall furnish to the Central Government before such date, as may be prescribed, its audited copy of accounts together with the auditors’ report thereon. **25. Annual report and auditors’ report to be laid before Parliament.—The Central Government** shall cause the annual report and auditor’s report to be laid, as soon as may be after they are received, before each House of Parliament. CHAPTER VII MISCELLANEOUS **26. 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 be [1][liable to penalty which may extend to fifty thousand rupees and for subsequent failure, penalty which may extend to one lakh rupees]. **27. Penalties for obstructing an officer or member of the Board 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 Board authorised by it in this behalf or any person authorised 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; 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 [2][liable to penalty which may extend to fifty thousand rupees and for subsequent contravention penalty which may extend to one lakh rupees]. **28. [Penalty for contravention of order relating to control of price, etc.]—Omitted by the Jan** _Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 and Schedule (w.e.f. 9-8-2024)._ **29. Penalties for contravention of section 11 or any order made under section 17.—If any person** contravenes the provisions of section 11 or any order made under section 17 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), be [3][liable to penalty which may extend to fifty thousand rupees and for subsequent contravention penalty which may extend to one lakh rupees]. **30. Other penalties.—Whoever contravenes or attempts to contravene or abets the contravention of** the provisions of this Act or of any rules or regulations made thereunder other than the provisions, 1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 09-08-2024). 2. Subs. by s. 2 and Schedule, ibid., for certain words (w.e.f. 09-08-2024). 3. Subs. by s. 2 and Schedule, ibid., for certain words (w.e.f. 09-08-2024). 10 ----- punishment for the contravention whereof has been provided for in sections 26, 27, 28 and 29, shall be 1[liable to penalty which may extend to fifty thousand rupees and for subsequent contravention penalty which may extend to one lakh rupees]. 2[30A. Adjudication of penalties.—(1) For the purposes of adjudging the penalties under sections 26, 27, 29 and 30, the Secretary to the Board shall appoint an officer not below the rank of Director in the Board or any other officer authorised by the Central Government, as the case may be, to be an adjudicating officer for holding an inquiry and imposing penalty in the manner as may be prescribed, after giving any person concerned a reasonable opportunity of being heard. (2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the Secretary to the Board, within a period of sixty days from the date of receipt of such order in such form and manner as may be prescribed. (3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the Secretary to the Board that he had sufficient cause for not preferring the appeal within that period. (4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. (5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing. (6) The amount of penalty imposed under sub-section (1), if not paid, shall be recovered as an arrear of land revenue.] **31. 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 had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or 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. **32. Provisions of Act 52 of 1962 to apply to export of spices and import of cardamom.—(a) All** spices to which section 11 of this Act applies, and (b) the cardamom to which any order under section 17 of this Act applies, 1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 09-08-2024). 2. Ins. by s. 2 and Schedule, ibid. (w.e.f. 09-08-2024). 11 ----- shall be deemed to be goods of which the import or export has been prohibited or restricted under section 11 of the Customs Act, 1962 (52 of 1962), and all the provisions of that Act shall have effect accordingly. **33. Previous sanction of the Central Government.—No prosecution for any offence punishable** under this Act shall be instituted except with the previous sanction of the Central Government. **34. Delegation.—The Board may, by general or special order in writing, delegate to the Chairman or** any other member or to any officer of the Board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except the power under section 39) as it may deem necessary. **35. Members, officers and employees of the Board to be public servants.—All members, officers** and other 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). **36. Protection of action taken in good faith.—No prosecution or other legal proceeding shall lie** against the Government, or the Board or any committee appointed by it, or any member of the Board or such committee, or any officer or employee of the Government or the Board or any other person authorised by the Government or the Board, for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. **37. Power to enter.—Subject to any rule made in this behalf, any person, generally or specially** authorised by the Board in this behalf, may, whenever it is necessary so to do, for any of the purposes of this Act, at all reasonable times, enter upon any land or premises and make any inspection or inquiry or do such other act or thing as may be prescribed: Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours’ notice in writing of his intention to do so. **38. 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) 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 members of the Board under sub-section (3) of section 3; (b) the term of office and other conditions of service of the members of the Board under sub-section (5) of section 3; (c) the powers and duties of the Chairman under sub-section (6) of section 3; (d) the powers and functions of the Vice-Chairman under sub-section (7) of section 3; (e) the constitution of committees under section 5; (f) the terms and conditions for giving licences to manufacturers of spices for export under clause (viii) of sub-section (1) of section 7; (g) the form and manner in which and the time at which the registered owner may furnish returns to the Board under section 10; (h) the form of the application and the fees under sub-section (1) of section 12; (i) the period of limitation for appeal under sub-section (1) of section 14; (j) the form of appeal and the fees payable under sub-section (3) of section 14; (k) the procedure for disposal of appeal under sub-section (4) of section 14; 12 ----- (l) the form in which, and the time at which, the Board shall prepare its budget under section 22 and its annual report under section 23; (m) the manner in which the accounts of the Board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the Central Government under section 24; 1[(ma) the manner of holding inquiry and imposing penalty under sub-section (1) of section 30A; (mb) the form and manner of preferring appeal under sub-section (2) of section 30A;] (n) the conditions and the restrictions with respect to the exercise of the power to enter under section 37; (o) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules. **39. Power to make regulations.—(1) The Board may, with the previous approval of the Central** Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the terms and conditions of service of the Secretary and other officers and employees of the Board under sub-section (2) of section 4; and (b) the terms and conditions under which the certificate may be granted under sub-section (2) of section 12. **40. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **41. 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 may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **42. Repeal and savings.—(1) Sections 3 to 33 of the Cardamom Act, 1965 (42 of 1965) are hereby** repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Act shall, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act as if the said provisions were in force when such thing was done or 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 18 of 2023, s. 2 and Schedule (w.e.f. 09-08-2024). 13 ----- THE SCHEDULE [See section 2 (n)] 1. Cardamom 1[27. Pepper long 2. Pepper 28. Star Anise 3. Chilly 29. Sweet flag 4. Ginger 30. Greater Galanga 5. Turmeric 31. Hore-raddish 6. Coriander 32. Caper 7. Cumin 33. Clove 8. Fennel 34. Asafoetida 9. Fenugreek 35. Cambodge 10. Celery 36. Hyssop 11. Aniseed 37. Juniper berry 12. Bishopsweed 38. Bay leaf 13. Caraway 39. Lovage 14. Dill 40. Marjoram 15. Cinnamon 41. Nutmeg 16. Cassia 42. Mace 17. Garlic 43. Basil 18. Curry leaf 44. Poppy Seed 19. Kokam 45. All-Spice 20. Mint 46. Rosemary 21. Mustard 47. Sage 22. Parsley 48. Savory 23. Pomegranate Seed 49. Thyme 24. Saffron 50. Oregano 25. Vanilla 51. Tarragon 26. Tejpat 52. Tamarind] In any form including curry powders, spice oil, oleoresins and other mixtures where spice content is pre-dominant. 1. S. No. 27 to 52 added Vide Notification S.O. No. 3130 dated 8-11-1990. 14 -----

19-May-1986

25

The Muslim Women (Protection of Rights on Divorce) Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1873/1/198625.pdf

central

## THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and extent. 2. Definitions. 3. _Mahr or other properties of Muslim woman to be given to her at the time of divorce._ 4. Order for payment of maintenance. 5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974. 6. Power to make rules. 7. Transitional provisions. 1 ----- ## THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 ACT NO. 25 OF 1986 [19th May, 1986.] An Act to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-seventh year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Muslim Women (Protection of Rights on** Divorce) Act, 1986. (2) It extends to the whole of India [1]***. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “divorced woman” means a Muslim woman who was married according to Muslim law, and has been divorced by, or has obtained divorce from, her husband in accordance with Muslim law; (b) “iddat period” means, in the case of a divorced woman,— (i) three menstrual courses after the date of divorce, if she is subject to menstruation; (ii) three lunar months after her divorce, if she is not subject to menstruation; and (iii) if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier; (c) “Magistrate” means a Magistrate of the First class exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the divorced woman resides; (d) “prescribed” means prescribed by rules made under this Act. **3.** **_Mahr_** **or other properties of Muslim woman to be given to her at the time of divorce.—(1)** Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to— (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children; (c) an amount equal to the sum of _mahr or dower agreed to be paid to her at the time of her_ marriage or at any time thereafter according to Muslim law; and (d) all the properties given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends. (2) Where a reasonable and fair provision and maintenance or the amount of mahr or dower due has not been made or paid or the properties referred to in clause (d) of sub-section (1) have not been delivered to a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make an application to a Magistrate for an order for payment of such provision and maintenance, mahr or dower or the delivery of properties, as the case may be. (3) Where an application has been made under sub-section (2) by a divorced woman, the Magistrate may, if he is satisfied 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. 31-102019). 2 ----- (a) her husband having sufficient means, has failed or neglected to make or pay her within the _iddat period a reasonable and fair provision and maintenance for her and the children; or_ (b) the amount equal to the sum of mahr or dower has not been paid or that the properties referred to in clause (d) of sub-section (1) have not been delivered to her, make an order, within one month of the date of the filing of the application, directing her former husband to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as it and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of her former husband or, as the case may be, for the payment of such mahr or dower or the delivery of such properties referred to in clause (d) of sub-section (1) the divorced woman: Provided that if the Magistrate finds it impracticable to dispose of the application within the said period, he may, for reasons to be recorded by him, dispose of the application after the said period. (4) If any person against whom an order has been made under sub-section (3) fails without sufficient cause to comply with the order, the Magistrate may issue a warrant for levying the amount of maintenance or mahr or dower due in the manner provided for levying fines under the Code of Criminal Procedure, 1973 (2 of 1974), and may sentence such person, for the whole or part of any amount remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one year or until payment if sooner made, subject to such person being heard in defence and the said sentence being imposed according to the provisions of the said Code. **4. Order for payment of maintenance.—(1) Notwithstanding anything contained in the foregoing** provisions of this Act or in any other law for the time being in force, where a Magistrate is satisfied that a divorced woman has not re-married and is not able to maintain herself after the _iddat period, he may_ make an order directing such of her relatives as would be entitled to inherit her property on her death according to Muslim law to pay such reasonable and fair maintenance to her as he may determine fit and proper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of such relatives and such maintenance shall be payable by such relatives in the proportions in which they would inherit he property and at such periods as he may specify in his order: Provided that where such divorced woman has children, the Magistrate shall order only such children to pay maintenance to her, and in the event of any such children being unable to pay such maintenance, the Magistrate shall order the parents of such divorced woman to pay maintenance to her: Provided further that if any of the parents is unable to pay his or her share of the maintenance ordered by the Magistrate on the ground of his or her not having the means to pay the same, the Magistrate may, on proof of such inability being furnished to him, order that the share of such relatives in the maintenance ordered by him be paid by such of the other relatives as may appear to the Magistrate to have the means of paying the same in such proportions as the Magistrate may think fit to order. (2) Where a divorced woman is unable to maintain herself and she has no relatives as mentioned in sub-section (1) or such relatives or any one of them have not enough means to pay the maintenance ordered by the Magistrate or the other relatives have not the means to pay the shares of those relatives whose shares have been ordered by the Magistrate to be paid by such other relatives under the second proviso to sub-section (1), the Magistrate may, by order, direct the State Wakf Board established under section 9 of the Wakf Act, 1954 (29 of 1954), or under any other law for the time being in force in a State, functioning in the area in which the woman resides, to pay such maintenance as determined by him under sub-section (1) or, as the case may be, to pay the shares of such of the relatives who are unable to pay, at such periods as he may specify in his order. **5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of 1974.—If on the date** of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure, 1973 (2 of 1974), and file such affidavit or declaration in the court hearing the application, the Magistrate shall dispose of such application accordingly. 3 ----- _Explanation.—For the purposes of this section, “date of the first hearing of the application” means the_ date fixed in the summons for the attendance of the respondent to the application. **6. 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 foregoing power, such rules may provide for— (a) the form of the affidavit or other declaration in writing to be filed under section 5; (b) the procedure to be followed by the Magistrate in disposing of applications under this Act, including the serving of notices to the parties to such applications, dates of hearing of such applications and other matters; (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. **7. Transitional provisions.—Every application by a divorced woman under section 125 or under** section 127 of the Code of Criminal Procedure, 1973 (2 of 1974) pending before a Magistrate on the commencement of this Act, shall, notwithstanding anything contained in that Code and subject to the provisions of section 5 of this Act, be disposed of by such Magistrate in accordance with the provisions of this Act. 4 -----

23-May-1986

27

The Coal Mines Labour Welfare Fund (Repeal) Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1859/3/a1986-27.pdf

central

# THE COAL MINES LABOUR WELFARE FUND (REPEAL) ACT, 1986 ____________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Repeal of Act 32 of 1947 and dissolution of Housing Board. 4. Consequential provisions. 5. Power of Central Government to direct vesting of rights in a Government company. 6. Continuation of suits, etc., against Central Government. 7. Moneys, etc., of the Fund to be credited to the Consolidated Fund of India. 8. Collection and payment of arrears of duty. 1 ----- # THE COAL MINES LABOUR WELFARE FUND (REPEAL) ACT, 1986 # ACT NO. 27 OF 1986 [23rd May, 1986.] # An Act to repeal the Coal Mines Labour Welfare Fund Act, 1947 and to provide for certain matters incidental thereto. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Coal Mines Labour Welfare** Fund (Repeal) Act, 1986. (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) “the Act” means the Coal Mines Labour Welfare Fund Act, 1947 (32 of 1947); (b) “appointed day” means the date on which this Act comes into force; (c) “Housing Board” means the Coal Mines Labour Housing Board constituted under section 6 of the Act. **3. Repeal of Act 32 of 1947 and dissolution of Housing Board.—On the appointed day, the Coal** Mines Labour Welfare Fund Act, 1947 shall stand repealed, and the Coal Mines Labour Housing Board shall stand dissolved. **4. Consequential provisions.—On the dissolution of the Housing Board,—** (a) all rights and privileges of the Housing Board shall become the rights and privileges, respectively, of the Central Government; (b) all properties, movable and immovable, including cash balances, reserve funds, investments and moneys lying to the credit of the Housing Board and all rights and interests in, or arising out of, such properties as were immediately before the appointed day, in the ownership, possession, power or control of the Housing Board, and all books of account, registers and records and all other documents of whatever nature relating thereto, shall vest in the Central Government; (c) all the borrowings, liabilities and obligations of the Housing Board of whatever kind and subsisting immediately before the appointed day, shall be deemed on and from such day to be the borrowings, liabilities and obligations, as the case may be, of the Central Government; (d) all contracts entered into, and all matters and things engaged to be done by, with or for, the Housing Board and subsisting immediately before the appointed day shall be deemed, on and from such day to have been entered into or engaged to be done by, with or for, the Central Government; (e) all licences and permits granted to the Housing Board and in force immediately before the appointed day shall be deemed on and from such day to have been granted to the Central Government and shall have effect accordingly. **5. Power of Central Government to direct vesting of rights in a Government** **company.—Notwithstanding anything contained in section 4, the Central Government may, if it is** satisfied that a Government company is willing to comply, or has complied, with such terms and conditions as that Government may think fit to impose, direct, by an order in writing, that the right, title and interest of the Housing Board in relation to any property shall, instead of continuing to vest in it, vest in the Government company (hereinafter referred to as the Government company) either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day) as may be specified in the direction, and on such vesting, the liability or obligation, as the case may be, of the Housing Board, in relation to such property shall, instead of continuing to be the liability or obligation of the Central Government, become the liability or obligation, as the case may be, of the Government company. 1. 1st October, 1986, vide notification No. S.O. 681(E), dated 19th September, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- **6. Continuation of suits, etc., against Central Government.—(1) if, on the appointed day, any suit** appeal or other proceeding of whatever nature in relation to the Housing Board is pending by or against such Board, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the dissolution of the Housing Board; but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Central Government or the Government company, as the case may be. (2) Where, before the appointed day, any cause of action for any suit or proceeding or any right to appeal arose in favour of, or against, the Housing Board, and the institution of any suit or proceeding on such cause of action or the filing of such appeal was not barred before the appointed day, such suit or proceeding may be instituted or appeal may be filed by or against the Central Government or the Government company, as the case may be. **7. Moneys, etc., of the Fund to be credited to the Consolidated Fund of India.—On the appointed** day, all moneys and cash balances lying in the credit of the housing account and the general welfare account of the Coal Mines Labour Housing and General Welfare Fund constituted under section 4 of the Act, shall become part of, and be credited to, the Consolidated Fund of India. **8. Collection and payment of arrears of duty.—Notwithstanding the repeal of the Act, the proceeds** of duty levied before the appointed day under section 3 of the Act,— (i) if collected by the collecting agencies but not paid into the Reserve Bank of India; and (ii) if not collected by the collecting agencies, shall be paid or, as the case may be, collected and paid, into the Reserve Bank of India for being credited to the Consolidated Fund of India. 3 -----

23-May-1986

29

The Environment (Protection) Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1876/4/A1986-29.pdf

central

# THE ENVIRONMENT (PROTECTION) ACT, 1986 _______________ # ARRANGEMENT OF SECTIONS _______________ CHAPTER I PRELIMINARY SECTIONS. 1. Short title, extent and commencement. 2. Definitions. CHAPTER II GENERAL POWERS OF THE CENTRAL GOVERNMENT 3. Power of Central Government to take measures to protect and improve environment. 4. Appointment of officers and their powers and functions. 5. Power to give directions. 5A. Appeal to National Green Tribunal. 6. Rules to regulate environmental pollution. CHAPTER III PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTION 7. Persons carrying on industry, operations, etc., not to allow emission or discharge of environmental pollutants in excess of the standards. 8. Persons handling hazardous substances to comply with procedural safeguards. 9. Furnishing of information to authorities and agencies in certain cases. 10. Powers of entry and inspection. 11. Power to take sample and procedure to be followed in connection therewith. 12. Environmental laboratories. 13. Government Analysts. 14. Reports of Government Analysts. 14A. Penalty for contravention of section 7 or section 8. 14B. Penalty for contravention of sections 9, 10 and 11. 15. Penalty for contravention of provisions of Act, rules, orders and directions. 15A. Penalty for contravention by companies. 15B. Penalty for contravention by Government Department. 15C. Adjudicating officer. 15D. Appeal. 15E. Penalty amount to be credited to Environmental Protection Fund. 15F. Offence for failure to pay penalty or additional penalty. CHAPTER IIIA # FUND, ACCOUNTS AND AUDIT 16. Environmental Protection Fund. 16A. Accounts and audit of Fund. 16B. Annual report. 17. Offences by Government Departments. 1 ----- CHAPTER IV MISCELLANEOUS SECTIONS 18. Protection of action taken in good faith. 19. Cognizance of offences. 20. Information, reports or returns. 21. Members, officers and employees of the authority constituted under Section 3 to be public servants. 22. Bar of jurisdiction. 23. Power to delegate. 24. Effect of other laws. 25. Power to make rules. 26. Rules made under this Act to be laid before Parliament. 2 ----- # THE ENVIRONMENT (PROTECTION) ACT, 1986 # ACT NO. 29 OF1986 [23rd May, 1986.] # An Act to provide for the protection and improvement of environment and for matters connected therewith. WHEREAS decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property; BE it enacted by Parliament in the Thirty-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 Environment** (Protection) Act, 1986. (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 areas. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “environment” includes water, air and land and the inter-relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property; (b) “environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment; (c) “environmental pollution” means the presence in the environment of any environmental pollutant; 2[(ca) “Fund” means the Environmental Protection Fund established under section 16;] (d) “handling”, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance; (e) “hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment; (f) “occupier”, in relation to any factory or premises, means a 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. 19th November, 1986, vide notification No. G.S.R.1198(E), dated 12thNovember, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 3 ----- (g) “prescribed” means prescribed by rules made under this Act. CHAPTER II GENERAL POWERS OF THE CENTRAL GOVERNMENT **3. Power of Central Government to take measures to protect and improve environment.—(1)** Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:— (i) co-ordination of actions by the State Governments, officers and other authorities— (a) under this Act, or the rules made thereunder; or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards; (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this Act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution; (xiv) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act. 4 ----- (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers or perform those functions or take such measures. **4. Appointment of officers and their powers and functions.—(1) Without prejudice to the** provisions of sub-section (3) of section 3, the Central Government may appoint officers with such designations as it thinks fit for the purposes of this Act and may entrust to them such of the powers and functions under this Act as it may deem fit. (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government or, if so directed by that Government, also of the authority or authorities, if any, constituted under sub-section (3) of section 3 or of any other authority or officer. **5. Power to give directions.—Notwithstanding anything contained in any other law but subject to the** provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any 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) stoppage or regulation of the supply of electricity or water or any other service. 1[5A. Appeal to National Green Tribunal.—Any person aggrieved by any directions issues under section 5, 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.] **6. Rules to regulate environmental pollution.—(1) The Central Government may, by notification in** the Official Gazette, make rules in respect of all or any of the matters referred to in section 3. (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 standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents. CHAPTER III PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTION **7. Persons carrying on industry, operation, etc., not to allow emission or discharge of** **environmental pollutants in excess of the standards.—No person carrying on any industry, operation** 1. Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010). 5 ----- or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess or such standards as may be prescribed. **8. Persons handling hazardous substances to comply with procedural safeguards.—No person** shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed. **9. Furnishing of information to authorities and agencies in certain cases.—(1) Where the** discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith— (a) intimate the fact of such occurrence or apprehension of such occurrence; and (b) be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed. (2) On receipt of information with respect to the fact or apprehension of any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as early as practicable, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution. (3) The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with interest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand. **10. Powers of entry and inspection.—(1) Subject to the provisions of this section, any person** empowered by the Central Government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place— (a) for the purpose of performing any of the functions of the Central Government 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 or 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 and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building 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 equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution. 1[(2) Every person carrying on any industry, operation or process of handling any hazardous substance shall render assistance, as may be required, to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause, he shall be liable to penalty provided under section 14B. (3) If any person willfully delays or obstructs any person empowered by the Central Government under sub-section (1) in the performance of his functions under sub-sections (1) or (2), he shall be liable to penalty provided under section 14B. 1. Subs. by Act 18 of 2023, s. 2 and Schedule for sub-sections (2) to (4) (w.e.f. 1-4-2024). 6 ----- (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any search or seizures under this section as they apply to any search or seizures made under the authority of a warrant issued under section 94 of that Code.] **11. Power to take sample and procedure to be followed in connection therewith.—(1) The** Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed. (2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with. (3) Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall,— (a) serve on the occupier or his agent or person in charge of the place, 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 or person, collect a sample for analysis; (c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person; (d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12. (4) When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,— (a) in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and (b) in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised under section 12 and such person shall inform the Government Analyst appointed or recognised under section 13 in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers. **12. Environmental laboratories.—(1) The Central Government may, by notification in the Official** Gazette,— (a) establish one or more environmental laboratories; (b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act. (2) The Central Government may, by notification in the Official Gazette, make rules specifying— (a) the functions of the environmental laboratory; (b) the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions. 7 ----- **13. Government Analysts.—The Central Government may, by notification in the Official Gazette,** appoint or recognise such persons as it thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognised under sub-section (1) of section 12. **14. Reports of Government Analysts.—Any document purporting to be a report signed by a** Government Analyst may be used as evidence of the facts stated therein in any proceeding under this Act. 1[14A. Penalty for contravention of section 7 or section 8.—(1) If any person, contravenes provisions of section 7 or section 8 or the rules made thereunder, he shall be liable to penalty in respect of each such contravention, which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees. (2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of fifty thousand rupees for every day during which such contravention continues. **14B. Penalty for contravention of sections 9, 10 and 11.—(1) If any person contravenes or does not** comply with the provisions of section 9, section 10 or section 11 or orders or directions issued under those sections, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to five lakh rupees. (2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues.] **2[15. Penalty for contravention of provisions of Act, rules, orders and directions.—(1) Where any** person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees. (2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues. **15A. Penalty for contravention by companies.—(1) Where any company contravenes any of the** provisions of this Act, the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees. (2) Where any company continues contravention under sub-section (1), the company shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues. **15B. Penalty for contravention by Government Department.—(1) Where contravention of any of** the provision of this Act has been committed by any Department of the Central Government or the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary: Provided that he 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, the officer shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention. **15C. Adjudicating officer.—(1) The Central Government, for the purposes of determining the** penalties under this Act, may appoint an officer not below the rank of Joint Secretary to the Government 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 2. Subs. by s. 2 and Schedule, ibid., for sections 15 to 17 (w.e.f. 1-4-2024). 8 ----- of India or a Secretary to the State Government to be the adjudicating officer, to hold an inquiry and to impose 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— (a) call upon any person alleged to have contravened or not complied with the provisions of this Act and the rules made thereunder or having the knowledge of the facts and circumstances of the case; (b) require such person to produce any record, register or other document in his possession or any other document, which in the opinion of the adjudicating officer may be relevant to the subjectmatter. (3) The adjudicating officer shall, after giving the person a reasonable opportunity of being heard in the matter, and if, on such inquiry, he is satisfied that the person concerned has contravened or has not complied with the provisions of this Act or the rules made thereunder, he may impose such penalty as he thinks fit in accordance with the provisions of sections 14A, 14B, 15, 15A or section 15B, as the case may be. (4) The adjudicating officer, while adjudicating the quantum of penalty under sub-section (3), shall have due regard to the following, namely:— (a) the population and the area impacted or affected due to such contravention or non compliance; (b) the frequency and duration of such contravention or non-compliance; (c) the vulnerability of the class of persons likely to be adversely affected by such contravention or non-compliance; (d) the damage caused or likely to be caused to any person, as a result of such contravention or non-compliance, if any; (e) the undue gain derived out of such contravention or non-compliance; and (f) such other factor, as may be prescribed. (5) The amount of penalty imposed under the provisions of sections 14A, 14B, 15, 15A or 15B, as the case may be, 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). **15D. Appeal.—(1) Whoever aggrieved by the order, passed by the adjudicating officer under this Act** 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 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. **15E. Penalty amount to be credited to Environmental Protection Fund.—Where any penalty or** additional penalty, as the case may be, is imposed under sections 14A, 14B, 15, 15A or section 15B, the amount of the penalty shall be credited to the Environmental Protection Fund established under section 16. 9 ----- **15F. Offence for failure to pay penalty or additional penalty.—(1) Where any person fails to pay** the penalty or additional penalty, as the case may be, under sections 14A, 14B, 15, 15A or section 15B within ninety days of such imposition, he shall be liable for imprisonment which may extend to three years or with fine which may extend to twice the amount of the penalty or with both. (2) Where any offence under sub-section (1) 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 offence and he shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to any punishment provided in sub-section (1), if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (2), where an offence 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.] 1[CHAPTER IIIA # FUND, ACCOUNTS AND AUDIT **16. Environmental Protection Fund.—(1) The Central Government may, by notification in the** Official Gazette, establish a fund to be known as the Environmental Protection Fund. (2) There shall be credited to the Fund— (a) the amount of penalty imposed under the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), and under this Act; (b) the interest or other income received out of investments made from the Fund; and (c) any other amount from such sources, as may be prescribed. (3) The Fund shall be applied for— (a) the promotion of awareness, education and research for the protection of environment; (b) the expenses for achieving the objects and for purposes of the Air (Prevention and Control of Pollution) Act, 1981(14 of 1981) and under this Act; (c) such other purposes, as may be prescribed. (4) The Central Government shall notify the administrator for the administration of the Fund and other matters connected therewith and incidental thereto in such manner, as may be prescribed. (5) The Central Government shall allocate seventy-five per cent. of the amount of penalties to the State Governments or Union territory administrations, which has been credited to the Fund. **16A. Accounts and audit of Fund.—(1) The Central Government shall maintain separate accounts** and other relevant records in relation to the Environmental Protection Fund and prepare an annual statement of accounts in such form, as may be prescribed, in consultation with the Comptroller and Auditor-General of India. 1. Ins. by Act 18 of 2023, s. 2 and the Schedule (w.e.f. 1-4-2024). 10 ----- (2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and such audited accounts together with the audit report thereon shall be forwarded annually to the Central Government. **16B. Annual report.—The Central Government shall prepare its annual report in relation to** Environmental Protection Fund giving a full account of its activities defined under this Act in such form, as may be prescribed, for each financial year during the previous financial year, and shall be laid before each House of Parliament along with audit report given by the Comptroller and Auditor-General of India.] CHAPTER IV MISCELLANEOUS **18. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder. **19. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on** a complaint made by,— (a) the Central Government or any authority or officer authorised in this behalf by that Government; or 1[(aa) adjudicating officer or any officer authorised by him in this behalf;] (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 Central Government or the authority or officer authorised as aforesaid. **20. Information, reports or returns.—The Central Government may, in relation to its functions** under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so. **21. Members, officers and employees of the authority constituted under section 3 to be public** **servants.—All the members of the authority, constituted, if any, under section 3 and all officers and other** employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860). **22. Bar of jurisdiction.—No civil court shall have jurisdiction to entertain any suit or proceeding in** respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act. **23. Power to delegate.—Without prejudice to the provisions of sub-section (3) of section 3, the** Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act [except the power to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority. 2[24. Effect of other laws.—The provisions of this Act and the rules or orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.] 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 2. Subs. by s. 2 and Schedule, ibid., for section 24 (w.e.f. 1-4-2024). 11 ----- **25. 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 standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8; (c) the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under sub-section (1) of section 9; (d) the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under sub-section (1) of section 11; (e) the form in which notice of intention to have a sample analysed shall be served under clause (a) of sub-section (3) of section 11; (f) the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test; the form of laboratory report; the fees payable for such report and other matters to enable such laboratories to carry out their functions under sub-section (2) of section 12; (g) the qualifications of Government Analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13; 1[(ga) the manner of holding inquiry and imposing penalty by the adjudicating officer under sub-section (1) and other factors for determining quantum of penalty under clause (f) of sub-section (4) of section 15C; (gb) the other amount under clause (c) of sub-section (2) of section 16; (gc) the other purposes under clause (c) of sub-section (3) of section 16; (gd) the manner of administration of Fund under sub-section (4) of section 16; (ge) form for maintenance of accounts of the Fund and for preparation of annual statement of accounts under sub-section (1) of section 16A; (gf) form for preparing annual report of the Fund under section 16B;] (h) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 19; (i) the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20; (j) any other matter which is required to be, or may be, prescribed. **26. Rules made under this Act 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 rule shall thereafter have effect only in such modified form or be of no 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 12 ----- 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. 13 -----

30-May-1986

30

The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1871/1/198630.pdf

central

# THE SWADESHI COTTON MILLS COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1986 ______ ARRANGEMENT OF SECTIONS ________ # CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ACQUISITION AND TRANSFER OF THE TEXTILE UNDERTAKINGS 3. Transfer and vesting of the textile undertakings. 4. General effect of vesting. 5. Company to be liable for certain prior liabilities. 6. Transfer of any textile undertaking or part thereof to a Subsidiary Textile Corporation. 7. Shares to be issued by National Textile Corporation for the value of assets transferred to it by the Central Government. CHAPTER III PAYMENT OF AMOUNTS 8. Payment of amount. 9. Payment of further amounts. CHAPTER IV MANAGEMENT, ETC., OF THE TEXTILE UNDERTAKINGS 10. Management, etc., of the textile undertakings. 10A. Special provision for disposal of assets of the textile undertakings in certain circumstances. 11. Duty of persons in charge of management of the textile undertakings to deliver all assets, etc. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF THE TEXTILE UNDERTAKINGS 12. Continuance of employees of the textile undertakings. 13. Provident and other funds. 14. Transfer of employees to a Subsidiary Textile Corporation. 1 ----- CHAPTER VI COMMISSIONER OF PAYMENTS SECTIONS 15. Appointment of Commissioner of Payments. 16. Payment by the Central Government to the Commissioner. 17. Certain powers of the National Textile Corporation. 18. Claims to be made to the Commissioner. 19. Priorities of claims. 20. Examination of claims. 21. Admission or rejection of claims. 22. Disbursement of money by the Commissioner to claimants. 23. Undisbursed or unclaimed amount to be deposited with the general revenue account. CHAPTER VII MISCELLANEOUS 24. Act to have overriding effect. 25. Assumption of liability. 26. Contracts to cease to have effect unless ratified by National Textile Corporation. 27. Penalties. 28. Offences by companies. 29. Protection of action taken in good faith. 30. Delegation of powers. 31. Power to make rules. 32. Power to remove difficulties 33. Repeal and saving. THE SCHEDULE. 2 ----- # THE SWADESHI COTTON MILLS COMPANY LIMITED (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1986 # ACT NO. 30 OF 1986 [30th May, 1986.] # An Act to provide for the acquisition and transfer of certain textile undertakings of the Swadeshi Cotton Mills 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 different varieties of cloth and yarn and thereby to give effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution and for matters connected therewith or incidental thereto. WHEREAS the Swadeshi Cotton Mills Company Limited has, through its six textile undertakings, been engaged in the manufacture and production of different varieties of cloth and yarn; AND WHEREAS the management of the said textile undertakings was taken over by the Central Government under section 18AA of the Industries (Development and Regulation) Act, 1951(65 of 1951); AND WHEREAS large sums of money have been invested with a view to making the said textile undertakings viable; AND WHEREAS further investment of very large sums of money is necessary for the purpose of securing the optimum utilisation of the available facilities for the manufacture, production and distribution of cloth and yarn by the said textile undertakings of the Company; AND WHEREAS such investment is also necessary for securing the continued employment of the workmen employed in the said textile undertakings; AND WHEREAS it is necessary in the public interest to acquire the said textile undertakings of the Swadeshi Cotton Mills Company Limited to ensure that the interests of the general public are served by the continuance by the said undertakings of the Company of the manufacture, production and distribution of different varieties of cloth and yarn which are vital to the needs of the country; AND WHEREAS such acquisition is for giving effect to the policy of the State towards securing the principles specified in clauses (a) and (b) of article 39 of the Constitution; BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Swadeshi Cotton Mills** Company Limited (Acquisition and Transfer of Undertakings) Act, 1986. (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, 1985. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the 1st day of April, 1985; (b) “Commissioner” means the Commissioner of Payments appointed under section 15; (c) “Company” means the Swadeshi Cotton Mills Company Limited, Kanpur, a company within the meaning of the Companies Act, 1956 (1 of 1956), and having its registered office at Swadeshi House, Civil Lines, Kanpur, in the State of Uttar Pradesh; (d) “date of taking over” means the date on which the management of the textile undertakings of the Company was taken over by the Central Government by virtue of the order of the Government of India in the late Ministry of Industrial Development No. S.O. 265(E), dated the 13th April, 1978, 3 ----- made under clause (a) of sub-section (1) of section 18-AA of the Industries (Development and Regulation) Act, 1951(65 of 1951); (e) “National Textile Corporation” means the National Textile Corporation Limited, a company 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 Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Ordinance, 1986 (5 of 1986); (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 in the Official Gazette and in the newspapers circulating in the locality in which the registered office of the Company is situated, specify for the purposes of that provision and different dates may be specified for different provisions of this Act; (j) “Subsidiary Textile Corporation” means a textile corporation formed by the National Textile Corporation as its subsidiary; (k) “textile undertakings” means the six textile undertakings of the Company specified below:— (i) the Swadeshi Cotton Mills, Kanpur; (ii) the Swadeshi Cotton Mills, Pondicherry; (iii) the Swadeshi Cotton Mills, Naini; (iv) the Swadeshi Cotton Mills, Maunath Bhanjan; (v) the Udaipur Cotton Mills, Udaipur; (vi) the Rae Bareli Textile Mills, Rae Bareli; (l) words and expressions used herein and not defined but defined in the Companies Act, 1956 (1 of 1956), shall have the meanings respectively assigned to them in that Act. CHAPTER II ACQUISITION AND TRANSFER OF THE TEXTILE UNDERTAKINGS **3. Transfer and vesting of the textile undertakings.—(1) On the appointed day, every textile** undertaking and the right, title and interest of the Company in relation to every such textile undertaking shall, by virtue of this Act, stand transferred to, and shall vest in, the Central Government. (2) Every such 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. **4. General effect of vesting.—(1) The textile undertakings 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 pertaining to the textile undertakings 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 in relation to the said undertakings, whether within or outside India, and all books of account, registers and all other documents of whatever nature relating thereto. (2) All property as aforesaid which have vested in the Central Government under sub-section (1) of 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 property in any manner shall be deemed to have been withdrawn. 4 ----- (3) Where any licence or other instrument had been granted at any time before the appointed day to the Company in relation to the textile undertakings by the Central Government or a State Government or any local authority, the National Textile Corporation shall, on and from such day, be deemed to be substituted in such licence or other instrument in place of the Company as if such licence or other instrument had been granted to the National Textile Corporation and that Corporation shall hold it for the remainder of the period of which the Company to which it was granted would have held it under the terms thereof. (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 amounts specified in section 8 and section 9, 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 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 textile undertakings or of anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the National Textile Corporation. **5. Company to be liable for certain prior liabilities.—(1) Every liability of the Company in** relation to the textile undertakings 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 of the National Textile Corporation. (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, no liability of the Company in relation to the textile undertakings, 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 textile undertaking, 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 National Textile Corporation; (c) no liability incurred by the Company in relation to any textile undertaking 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 the National Textile Corporation. **6. Transfer of any textile undertaking or part thereof to a Subsidiary Textile** **Corporation.—(1) The National Textile Corporation may, by order in writing, transfer any of the textile** undertakings 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. (2) 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. 5 ----- (3) Save as otherwise expressly provided in this Act, references in this Act to the National Textile Corporation shall, in respect of any textile undertaking or part thereof which is transferred to a Subsidiary Textile Corporation, be construed as references to the Subsidiary Textile Corporation. **7. Shares to be issued by National Textile Corporation for the value of assets transferred to it by** **the Central Government.—An amount equal to the value of the assets of the textile undertakings** 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 in section 8. CHAPTER III PAYMENT OF AMOUNTS **8. Payment of amount.—For the transfer to, and vesting in the Central Government, under section 3,** of the textile 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 twenty-four crores and thirty-two lakhs. **9. Payment of further amounts.—(1) For the deprivation of the Company of the management of the** textile undertakings, there shall be given by the Central Government to the Company, in cash, an amount calculated at the rate of rupees ten thousand per annum for the period commencing on the date on which the management of the textile 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) In consideration of the retrospective operation of the provisions of sections 3 and 4, there shall also be given by the Central Government to the Company, in cash, an amount calculated at the rate of rupees ten thousand per annum for the period commencing on the appointed day and ending on the date on which the Ordinance was promulgated. (3) The amount specified in section 8 and the amounts determined in accordance with the provisions of 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 on the date on which payment of such amounts 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 by the Central Government to the Company in addition to the amount specified in section 8. (5) For the removal of doubts, it is hereby declared that the liabilities of the Company in relation to the textile undertakings which have vested in the Central Government under section 3 shall be discharged from the amount referred to in section 8 and also from the amounts determined under sub-sections (1), (2) and (3), in accordance with the rights and interests of the creditors of the Company. CHAPTER IV MANAGEMENT, ETC., OF THE TEXTILE UNDERTAKINGS **10. Management, etc., of the 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 textile undertaking, the right, title and interest of the Company in relation to which have vested in that Corporation under sub-section (2) of section 3, and do all such things as the Company is authorised to exercise and do. **1[10A. Special provision for disposal of assets of the 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 textile undertaking so to do, it may, with the 1. Ins. by Act 40 of 1995, s. 3 (w.e.f. 27-6-1995). 6 ----- 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 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.] **11. Duty of persons in charge of management of the textile undertakings to deliver all assets,** **etc.—On the vesting of a textile undertaking in the National Textile Corporation, all persons in charge of** the management of a 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 textile undertaking. CHAPTER V PROVISIONS RELATING TO EMPLOYEES OF THE TEXTILE UNDERTAKINGS **12. Continuance of employees of the textile undertakings.—(1) Every person who has been,** immediately before the appointed day, employed by the Company in relation to a textile undertaking, shall become, on and from the appointed day, an employee of the National Textile Corporation and shall hold office or service in that Corporation with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such textile undertaking had not been transferred to, and vested in, the National Textile Corporation, and shall continue to do so unless and until his employment in that Corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by that Corporation. (2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1974), 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 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. **13. Provident and other funds.—(1) Where the Company has established a provident fund,** superannuation, welfare or other fund for the benefit of the persons employed in a textile undertaking, the moneys relatable to the officers and other employees whose services have been transferred by or under this Act to the National Textile Corporation shall, out of the moneys standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to and vest in, the National Textile Corporation. (2) The moneys 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. **14. Transfer of employees to a Subsidiary Textile Corporation.—Where any textile undertaking** or any part thereof is transferred under this Act to a Subsidiary Textile Corporation, every person referred to in section 12 shall, on and from the date of such transfer, become an employee of the Subsidiary Textile Corporation, and the provisions of sections 12 and 13 shall apply to such 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 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. 7 ----- (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, an amount equal to the amount specified in section 8 and the amounts 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) The interests accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the Company. **17. 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 a textile undertaking, realised after the appointed day, notwithstanding that the realisation pertains 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 it as the authorised person in relation to a textile undertaking after the appointed day but before the date on which the Ordinance was promulgated for discharging any liability of the Company in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this Act, to the matter in relation to which such liability has been discharged by the authorised person. (3) Save as otherwise provided in this Act, the liabilities in relation to a textile undertaking in respect of any period prior to the appointed day which have not been discharged by the authorised person shall be the liabilities of the Company. _Explanation.—For the purposes of this section, “authorised person” means the person authorised to_ take over the management of any textile undertaking in pursuance of the order of the Government of India in the late Ministry of Industrial Development No. S.O. 265(E), dated the 13th April, 1978, issued under clause (a) of sub-section (1) of section 18AA of the Industries (Development and Regulation) Act, 1951 (65 of 1951). **18. Claims to be made to the Commissioner.—Every person having a claim against the Company** in relation to the textile undertakings with regard to any of the matters specified in the Schedule 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. Priorities of claims.—The claims arising out of matters specified in the Schedule 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. 8 ----- **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 against the Company, the Commissioner is of the opinion that the amounts paid to him under this Act for payment to such Company are 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 against the Company 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’s 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 in 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 disbursements 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 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; (c) the reception of evidence on affidavit; (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 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 lie to the High Court of Allahabad and 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 to claimants.—(1) After admitting a claim** against the Company 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 such claim shall stand discharged. (2) If, out of the moneys paid to him in relation to the textile undertakings, there is a balance left after meeting the liabilities as specified in the Schedule, the Commissioner shall disburse such balance to the Company. 9 ----- **23. 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 wound 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 **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 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. **25. Assumption of liability.—(1) Where any liability of the Company in relation to any textile** undertaking arising out of any item specified 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 National Textile Corporation 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 that Corporation to discharge such liability. **26. Contracts to cease to have effect unless ratified by National Textile Corporation.—Every** contract, entered into by the Company in relation to any textile undertaking which has vested in the National Textile Corporation under sub-section (2) of 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 date on which the Ordinance was promulgated, 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 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— (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 textile undertaking concerned, 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. **27. Penalties.—Any person who,—** (a) having in his possession, custody or control any property forming part of any of the textile undertakings, wrongfully withholds such property from the National Textile Corporation; or (b) wrongfully obtains possession of, or retains any property forming part of any of the textile undertakings; or (c) wilfully withholds or fails to furnish to the National Textile Corporation or any person or body of persons specified by that Corporation, any document or inventory relating to any of the textile undertakings which may be in his possession, custody or control; or (d) wilfully fails to deliver to the National Textile Corporation any inventory or property and assets forming part of any of the textile undertakings; or 10 ----- (e) fails to deliver to the National Textile Corporation or any person or body of persons specified by that Corporation, any assets, books of account, registers or other documents in his possession, custody or control relating to any of the textile undertakings; or (f) wrongfully removes or destroys any property forming part of any of the textile undertakings 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 with fine which may extend to ten thousand rupees. **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 preceded 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 office 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 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. **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, or other person authorised by, that Government or the National Textile Corporation or any Subsidiary Textile Corporation or any officer of, or other person authorised by, such Corporation 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 officer of, or other person authorised by, that Government, or the National Textile Corporation or any Subsidiary Textile Corporation or any officer of, or other person authorised by, such Corporation 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 this section and 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 (4) of section 4 shall be given; (b) the manner in which the moneys in any provident fund or other fund, referred to in sub-section (2) of section 13 shall be dealt with; 11 ----- (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 date on which the Ordinance was promulgated. **33. Repeal and saving.—(1) The Swadeshi Cotton Mills Company Limited (Acquisition and** Transfer of Undertakings) Ordinance, 1986 (5 of 1986), 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. 12 ----- THE SCHEDULE [See sections 18, 19, 20 (1), 21 (1), 22 (2) and 25 (1)] ORDER OF PRIORITIES FOR THE DISCHARGE OF LIABILITIES OF THE COMPANY PART I _Category I_ Employees’ dues on account of unpaid salaries, wages, provident fund, Employees’ State Insurance contribution or premiums relating to the Life Insurance Corporation of India and any other amounts due to employees in respect of any period whether before or after the date of taking over of the textile undertakings. _Category II_ Secured loans obtained from nationalised banks and public financial institutions, other than the National Textile Corporation, in respect of any period whether before or after the date of taking over of the textile undertakings. _Category III_ Any credit availed of for trade or manufacturing purposes during the post-take over management period. _Category IV_ Revenue, taxes, cesses, rate or other dues to the Central Government, State Government and local authorities for the period after the date of taking over of the textile undertakings. PART II _Category V_ Revenue, taxes, cesses, rate or other dues to the Central Government, State Government and local authorities or State Electricity Boards for the pre-take over management period. _Category VI_ Any credit availed of for trade or manufacturing purposes during the pre-take over management period. 13 -----

14-Aug-1986

34

The State of Mizoram Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1869/1/198634.pdf

central

SECTIONS 1. Short title. 2. Definitions. # THE STATE OF MIZORAM ACT, 1986 ____________ # ARRANGEMENT OF SECTIONS ____________ PART I PRELIMINARY PART II ESTABLISHMENT OF THE STATE OF MIZORAM 3. Establishment of the State of Mizoram. 4. [Repealed]. PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ 5. [Repealed]. 6. Allocation of sitting member. 7. [Repealed]. _The House of the People_ 8. Allocation of seat in the existing House of the People. 9. Provision as to sitting member. _The Legislative Assembly_ 10. Provision as to Legislative Assembly. 11. Delimitation of constituencies. 12. Power of Election Commission to maintain delimitation orders up-to-date. 13. [Repealed]. 14. [Repealed]. PART IV HIGH COURT 15. Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram. 16. Provision as to advocates. 17. Practice and procedure in the common High Court. 18. Custody of seal of the common High Court. 19. Form of writs and other processes. 20. Powers of Judges. 21. Principal seat and other places of sitting of the common High Court. 22. Procedure as to appeals to Supreme Court. 1 ----- SECTIONS 23. Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura to the common High Court. 24. Interpretation. 25. Right to appear or to act in proceedings transferred to the common High Court. 26. Saving. 26A. Non-applicability of this Part to the States of Meghalaya, Manipur and Tripura. PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 27. Authorisation of expenditure pending its sanction by the Legislature. 28. Reports relating to the accounts of the existing Union territory of Mizoram. 29. Allowances and privileges of Governor of Mizoram. 30. Distribution of revenues. PART VI ASSETS AND LIABILITIES 31. Property, assets, rights, liabilities, obligations, etc. PART VII PROVISIONS AS TO SERVICES 32. Provision relating to All India Services. 33. Provisions relating to other services. 34. Other provisions as to services. 35. Provisions as to continuance of officers in same posts. 36. Advisory Committees. 37. Prohibition of representation after certain period. 38. Power of Central Government to give directions. PART VIII LEGAL AND MISCELLANEOUS PROVISIONS 39. [Repealed]. 40. [Repealed]. 41. [Repealed]. 42. [Repealed]. 43. Continuance of existing laws and their adaptations. 44. Power to construe laws. 45. Provisions as to continuance of courts, etc. 46. Effect of provisions of Act inconsistent with other laws. 47. Power to remove difficulties. 48. Power to make rules. THE FIRST SCHEDULE REPEALED. THE SECOND SCHEDULE REPEALED. THE THIRD SCHEDULE REPEALED. THE FOURTH SCHEDULE REPEALED. 2 ----- # THE STATE OF MIZORAM ACT, 1986 # ACT NO. 34 OF 1986 [14th August, 1986.] # An Act to provide for the establishment of the State of Mizoram and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the State of Mizoram Act, 1986.** **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”[1] 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 Mizoram” means the Union territory of Mizoram 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 Mizoram; (g) “sitting member”, in relation to either House of Parliament or of the Legislative Assembly of the existing Union territory of Mizoram, 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 MIZORAM **3. Establishment of the State of Mizoram.—On and from the appointed day, there shall be** established a new State, to be known as the State of Mizoram, comprising the territories which immediately before that day were comprised in the existing Union territory of Mizoram. **4. [Amendment of First Schedule to the Constitution].—Rep. by the Repealing and Amending Act,** 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ **5. [Amendment of Fourth Schedule to the Constitution].—Rep. by the Repealing and Amending Act,** 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 1. 20th February, 1987, vide notification No. S.O. 72(E), dated 11th February, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- **6. Allocation of sitting member.—(1) On and from the appointed day, the sitting member of the** Council of States representing the existing Union territory of Mizoram shall be deemed to have been duly elected under clause (4) of article 80 to fill the seat allotted to the State of Mizoram in that Council. (2) The term of office of such sitting member shall remain unaltered. **7. [Amendment of section 27A of Act 43 of 1950].—Rep. by the Repealing and Amending Act, 2001** _(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ _The House of the People_ **8. Allocation of seat in the existing House of the People.—(1) On and from the appointed day, the** allocation of seats to the State of Mizoram in the House of the People and the number of seats to be reserved for the Scheduled Tribes of that State shall be one; and the First 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 parliamentary constituency of the existing Union territory of Mizoram shall be deemed to be the parliamentary constituency of the State of Mizoram and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall be construed accordingly. **9. Provision as to sitting member.—The sitting member of the House of the People representing the** constituency which, on the appointed day, by virtue of the provisions of section 8 becomes the constituency of the State of Mizoram, shall be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People by that constituency. _The Legislative Assembly_ **10. Provision as to Legislative Assembly.—On and from the appointed day, the total number of seats** in the Legislative Assembly of the State of Mizoram to be filled by persons, chosen by direct election from assembly constituencies shall be forty; and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to be amended accordingly. **11. Delimitation of constituencies.—(1) The Election Commission shall, before the appointed day,** and in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the State of Mizoram under section 10 to single-member territorial constituencies and delimit them, 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; and (b) 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. (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,— (a) the sitting member of the House of the People referred to in section 9; and (b) such six of the members of the Legislative Assembly of the existing Union territory of Mizoram 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 propos als, 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 4 ----- 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 assembly constituencies shall be laid before the Legislative Assembly of the existing Union territory of Mizoram. **12. 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 11 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 an assembly constituency shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the existing Union territory of Mizoram. **13. [Amendment of Scheduled Castes Orders].—Rep. by the Repealing and Amending Act,** 2001 _(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ **14. [Amendment of Scheduled Tribes Orders].—(1)** _Rep. by s._ 2 and the First Schedule, ibid. _(w.e.f. 3-9-2001)._ PART IV HIGH COURT **15. Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram.—** (1) On and from the appointed day,— (a) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram) (hereinafter referred to as the common High Court); (b) the Judges of the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court. (2) The expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union in such proportion as the President may, by order, determine. **16. Provision as to advocates.—(1) On and from the appointed day,—** (a) in the Advocates Act, 1961 (25 of 1961), in section 3 in sub-section (1), for clause (b), the following clause shall be substituted, namely:— “(b) for the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh, to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram;” (b) the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripua shall be deemed to be the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram. 5 ----- (2) Any person who, immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura, shall be entitled to practise as an advocate in the common High Court. (3) All persons who, immediately, before the appointed day, are advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur and Tripura, shall as from that day, become advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram. (4) 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, Nagaland, Meghalaya, Manipur and Tripura: Provided that as among the Advocates-General of the States of Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates. **17. 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, Nagaland, Meghalaya, Manipur and Tripura shall, with the necessary modifications, apply in relation to the common High Court. **18. 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, Nagaland, Meghalaya, Manipur and Tripura shall, with the necessary modifications, apply with respect to the custody of the seal of the common High Court. **19. 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, Nagaland, Meghalaya, Manipur and Tripura shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court. **20. 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, Nagaland, Meghalaya, Manipur and Tripura and with respect to all matter, ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common High Court. **21. 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, Nagaland, Meghalaya, Manipur and Tripura 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 States of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram as the Chief Justice may, with the approval of the Governor of the State concerned, appoint. **22. 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, Nagaland, Meghalaya, Manipur and Tripura and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the common High Court. **23. Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur** **and Tripura to the common High Court.—(1) All proceedings pending in the High Court of Assam,** Nagaland, Meghalaya, Manipur and Tripura immediately before the appointed day shall, from such day, stand transferred to the common High Court. 6 ----- (2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High Court as if such proceeding was entertained by the High Court. **24. Interpretation.—For the purposes of section 23,—** (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. **25. Right to appear or to 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, Nagaland, Meghalaya, Manipur and Tripura and was authorised to appear or to act in any proceedings transferred from the said High Court to the common High Court under section 23 shall have the right to appear or to act, as the case may be, in the common High Court in relation to those proceedings. **26. Saving.—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. 1[26A. Non-applicability of this Part to the States of Meghalaya, Manipur and Tripura.—On and from the date of commencement of the North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012, the provisions of sections 15 to 26 (both inclusive) shall not apply to the States of Meghalaya, Manipur and Tripura.] PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES **27. 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 Mizoram 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 Mizoram: Provided that the Governor of Mizoram may, after the appointed day, authorise by order such further expenditure as he deems necessary from the Consolidated Fund of the State of Mizoram for any period not extending beyond the said period of six months. (2) The President or, as the case may be, the Governor of Mizoram shall make separate orders under sub-section (1) in respect of periods falling in different financial years. **28. Reports relating to the accounts of the existing Union territory of Mizoram.—(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 Mizoram in respect of any period prior to the appointed day, shall be submitted to the Governor of Mizoram who shall cause them to be laid before the Legislative Assembly of the State. (2) The Government may, by order,— (a) declare any expenditure incurred out of the Consolidated Fund of the existing Union territory of Mizoram on any service in respect of any period prior to the appointed day during the financial year 1986-87 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. 1. Ins. by Act 26 of 2012, s. 12 (date to be notified). 7 ----- **29. Allowances and privileges of Governor of Mizoram.—The allowances and privileges of the** Governor of Mizoram 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. **30. Distribution of revenues.—The President shall, by order, determine the grants-in-aid of the** revenues of the State of Mizoram 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 Additional Duties of Excise (Goods of Special (Importance) Act, 1957 (58 of 1957), the Union Duties of Excise (Distribution) Act, 1979 (24 of 1979), the Estate Duty (Distribution) Act, 1962 (9 of 1962) and the Constitution (Distribution of Revenues) Order, 1985 in such manner as he thinks fit. PART VI ASSETS AND LIABILITIES **31. Property, assets, rights, liabilities, obligations, etc.—(1) All such property and assets within the** existing Union territory of Mizoram 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 Mizoram 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 Mizoram before the appointed day shall, as from that day, vest in the State of Mizoram. (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 Mizoram; or (b) the rights, liabilities and obligations of the Administrator of the existing Union territory of Mizoram 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 Mizoram. (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 Mizoram shall pass to the State of Mizoram. (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 existing Union territory of Mizoram 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” means the purposes of Government relatable to any of the matters mentioned in the Union List. 8 ----- PART VII PROVISIONS AS TO SERVICES **32. Provision relating to All India Services.—Every member of the Indian Administrative Service,** the Indian Police Service and the Indian Forest Service who, immediately before the appointed day, is holding any post in the existing Union territory of Mizoram 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 Mizoram on the same terms and conditions of service as are applicable to him under the relevant cadre rules: 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, “cadre rules” means the Indian Administrative Service (Cadre) Rules,_ 1954, the Indian Police Service (Cadre) Rules, 1954 or the Indian Forest Service (Cadre) Rules, 1966, as the case may be. **33. 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 Mizoram 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 Mizoram: Provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day. (2) The provisions of this section shall not apply in relation to persons to whom the provisions of section 32 apply. **34. Other provisions as to services.—(1) Nothing in this section or section 33 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 Mizoram: Provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 33 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 deemed to have been allocated under section 33 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 State of Mizoram for the purposes of the rules regulating his conditions of service. **35. 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 affairs of the Union territory of Mizoram shall continue to hold the same post or office 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 Mizoram on the same terms and conditions of appointment and on the same tenure as he was holding the post or office immediately before that day: 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. **36. 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. 9 ----- **37. Prohibition of representation after certain period.—Notwithstanding anything to the contrary** contained in any law or rule for the time being in force, no representation shall lie against any order passed under the provisions of this Part on the expiry of three months from the date of publication or service, whichever is earlier, of such order: Provided that the Central Government may, _suo motu or otherwise and for reasons to be recorded,_ re-open any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that it is necessary so to do in order to prevent any miscarriage of justice to any affected person. **38. Power of Central Government to give directions.—The Central Government may give such** directions to the Government of the State 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 Government shall comply with such directions. PART VIII LEGAL AND MISCELLANEOUS PROVISION **39. [Amendment of Article 210, Article 239A, Article 240, Article 244, the Fifth Schedule and the** _Sixth Schedule to the Constitution].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2_ _and the First Schedule (w.e.f. 3-9-2001)._ **40. [Amendment of Act 28 of 1958].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).** **41. [Amendment of Act 20 of 1963].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).** **42. [Amendment of Act 84 of 1971].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).** **43. Continuance of existing laws and their adaptations.—(1) All laws in force, immediately before** the appointed day, in the existing Union territory of Mizoram shall continue to be in force in the State of Mizoram 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 Mizoram 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 Mizoram. **44. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been** made under section 43 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 Mizoram, 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. **45. Provisions as to continuance of courts, etc.—All courts and tribunals and all authorities** discharging lawful functions throughout the existing Union territory of Mizoram 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. **46. 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. **47. 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. 10 ----- **48. 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 the 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 it, 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 FIRST SCHEDULE].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and _the First Schedule (w.e.f. 3-9-2001)._ [THE SECOND SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). [THE THIRD SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). [THE FOURTH SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 11 -----

22-Sep-1986

47

The National Security Guard Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1853/1/198647.pdf

central

# THE NATIONAL SECURITY GUARD ACT, 1986 _______________ # 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 SECURITY GUARD AND CONDITIONS OR SERVCE OF THE MEMBERS OF THE SECURITY GUARD 4. Constitution of the Security Guard. 5. Control, direction, etc. 6. Liability for service outside India. 7. Resignation and withdrawal from the post. 8. Tenure of service under the Act. 9. Termination of service by Central Government. 10. Dismissal, removal or reduction by the Director-General and by other officers. 11. Certificate of termination of service. 12. Restrictions respecting right to form associations, freedom of speech, etc. 13. Remedy of aggrieved persons other than officers. 14. Remedy of aggrieved officers. CHAPTER III OFFENCES 15. Offences in relation to the terrorists and other persons in arms against the Union and punishable with death. 16. Offences punishable more severely on active duty than at other times. 17. Mutiny. 18. Desertion and aiding desertion. 19. Absence without leave. 20. Striking or threatening superior officer. 21. Disobedience to superior officer. 22. Assault and obstruction. 23. Certain forms of disgraceful conduct. 24. Ill-treating a subordinate. 25. Drunkenness. 26. Permitting escape of person in custody. 27. Irregularity in connection with arrest or confinement. 28. Escape from custody. 29. Offences in respect of property. 30. Extortion and exaction. 1 ----- SECTIONS 31. Making away with equipment. 32. Injury to property. 33. False accusations. 34. Falsifying official documents and false declarations. 35. False declaration on appointment. 36. Offences relating to Security Guard Court. 37. False evidence. 38. Unlawful detention of pay. 39. Unbecoming conduct. 40. Violation of good order and discipline. 41. Miscellaneous offences. 42. Attempt. 43. Abetment of offences that have been committed. 44. Abetment of offences that have not been committed. 45. Civil offences. 46. Civil offences not triable by a Security Guard Court. CHAPTER IV PUNISHMENTS 47. Punishments awardable by Security Guard Courts. 48. Alternative punishments awardable by Security Guard Courts. 49. Combination of punishments. 50. Punishments otherwise than by Security Guard Courts. 51. Minor punishments. 52. Limit of punishments under section 51. 53. Punishment of officers of or below the rank of Squadron Commanders by officers not below the rank of Inspectors-General. 54. Punishment of persons of the rank of Assistant Commander. CHAPTER V ARREST AND PROCEEDINGS BEFORE TRIAL 55. Custody of offenders. 56. Duty of Commander in regard to detention. 57. Interval between committal and trial. 58. Arrest by civil authorities. 59. Capture of deserters. 60. Inquiry into absence without leave. CHAPTER VI SECURITY GUARD COURTS 61. Kinds of security Guard Courts. 62. Power to convene General Security Guard Court. 63. Power to convene a Petty Security Guard Court. 64. Contents of warrants issued under sections 62 and 63. 65. Composition of General Security Guard Court. 66. Composition of a Petty Security Guard Court. 67. Summary Security Guard Court. 2 ----- SECTIONS 68. Dissolution of a Security Guard Court. 69. Powers of a General Security Guard Court. 70. Powers of a Petty Security Guard Court. 71. Powers of a Summary Security Guard Court. 72. Prohibition of second trial. 73. Period of limitation for trial. 74. Trial, etc., of offender who ceases to be subject to this Act. 75. Application of Act during term of sentence. 76. Place of trial. 77. Choice between Criminal Court and Security Guard Court. 78. Power of criminal court to require delivery of offender. CHAPTER VII PROCEDURE OF SECURITY GUARD COURTS 79. Presiding officer. 80. Judge Attorneys, etc. 81. Challenges. 82. Oaths of members, Judge Attorney and witness. 83. Voting by members. 84. General rule as to evidence. 85. Judicial notice. 86. Summoning witnesses. 87. Documents exempted from production. 88. Commissions for examination of witnesses. 89. Examination of witness on commission. 90. Conviction of offence not charged. 91. Presumption as to signatures. 92. Appointment paper. 93. Presumption as to certain documents. 94. Reference by accused to Government officer. 95. Evidence of previous convictions and general character. 96. Lunacy of accused. 97. Subsequent fitness of lunatic accused for trial. 98. Transmission to Central Government of orders under section 97. 99. Release of lunatic accused. 100. Delivery of lunatic accused to relatives. 101. Order for custody and disposal of property pending trial. 102. Order for disposal of property regarding which offence is committed. 103. Powers of Security Guard Court in relation to proceedings under the Act. CHAPTER VIII CONFIRMATION AND REVISION 104. Finding and sentence not valid, unless confirmed. 105. Power to confirm finding and sentence of General Security Guard Court 106. Power to confirm finding and sentence of Petty Security Guard Court. 107. Limitation of powers of confirming authority. 108. Power of confirming authority to mitigate, remit or commute sentences. 3 ----- SECTIONS 109. Revision of finding or sentence. 110. Finding and sentence of a Summary Security Guard Court. 111. Transmission of proceedings of Summary Security Guard Court. 112. Alteration of finding of sentence in certain cases. 113. Remedy against order, finding or sentence of Security Guard Court. 114. Annulment of proceedings. CHAPTER IX EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. 115. Form of sentence of death. 116. Commencement of sentence of imprisonment. 117. Execution of sentence of imprisonment. 118. Temporary custody of offender. 119. Execution of sentence of imprisonment in special cases. 120. Conveyance of prisoner from place to place. 121. Communication of certain orders to prison officers. 122. Execution of sentence of fine. 123. Informality or error in the order or warrant. 124. Pardon and remission. 125. Cancellation of conditional pardon, release on parole or remission. 126. Suspension of sentence of imprisonment. 127. Orders pending suspension. 128. Release on suspension. 129. Computation of period of suspension. 130. Order after suspension. 131. Reconsideration of case after suspension. 132. Fresh sentence after suspension. 133. Scope of power of suspension. 134. Effect of suspension and remission on dismissal. CHAPTER X MISCELLANEOUS 135. Rank structure. 136. Deduction from pay and allowances. 137. Powers and duties conferable and imposable on members of the Security Guard. 138. Protection for acts of members of the Security Guard. 139. Power to make rules. 140. Provisions as to existing National Security Guard. 4 ----- # THE NATIONAL SECURITY GUARD ACT, 1986 # ACT NO. 47 OF 1986 [22nd September, 1986.] # An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities with a view to protecting States against internal disturbances and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the National Security Guard Act,** 1986. (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 Security Guard during the period in which such person is attached to, or forms part of, a unit of the Security Guard— (i) which is engaged in operations against terrorists or any person in arms against the Union; or (ii) which is operating at a picket or engaged on patrol or any other duty, in relation to combating terrorist activity; (b) “Assistant Commander” means a person appointed or in pay as an Assistant Commander Grade I, Assistant Commander Grade II or Assistant Commander Grade III; (c) “civil offence” means an offence which is triable by a Criminal Court or by a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); (d) “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; (e) “combatised tradesman” means a person appointed or in pay as a combatised tradesman; (f) “Commander”, when used in any provision of this Act with reference to any unit of the Security Guard, means the officer whose duty it is to discharge with respect to that unit, the functions of a Commander 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 and includes a Court of a special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952); (h) “Deputy Inspector-General” means a Deputy Inspector-General of the Security Guard appointed under section 5; (i) “Director-General” and “Additional Director-General” mean, respectively, the Director-General and an Additional Director-General of the Security Guard appointed under section 5; 1. 16th October, 1986, vide notification No. S.O. 737(E), dated 16th October, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 5 ----- (j) “Group” means a unit of the Security Guard constituted as a Group by the Central Government; (k) “Group Commander” means a Group Commander of the Security Guard appointed under section 5; (l) “Inspector-General” means an Inspector-General of the Security Guard appointed under section 5; (m) “Judge Attorney-General”, “Additional Judge Attorney-General”, “Deputy Judge Attorney-General” and “Judge Attorney” mean, respectively, the Judge Attorney-General, an Additional Judge Attorney-General, a Deputy Judge Attorney-General and a Judge Attorney of the Security Guard appointed in the appropriate rank by the Central Government; (n) “member of the Security Guard” means an officer, an Assistant Commander, a Ranger or a combatised tradesman; (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; (q) “officer” means a person appointed or in pay as an officer of the Security Guard; (r) “prescribed” means prescribed by rules; (s) “Ranger” means a Ranger Grade I and a Ranger Grade II of the Security Guard; (t) “rule” means a rule made under this Act; (u) “Security Guard” means the National Security Guard; (v) “Security Guard Court” means a Court referred to in section 61; (w) “Security Guard custody” means the arrest or confinement of a member of the Security Guard according to rules; (x) “superior officer”, when used in relation to a person subject to this Act, means— (i) any member of the Security Guard to whose command such person is for the time being subject in accordance with the rules; (ii) any officer of a higher rank or class, and includes, when such person is not an officer, an Assistant Commander or a Ranger of a higher rank or class; (y) “terrorist” means any person who, with intent to over-awe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people, does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community; (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 respectively assigned to them in that Code. (2) In this Act, references to any law not in force in any State shall be construed as references to the corresponding law in force in that State. **3. Persons subject to this Act.—(1) The following persons appointed (whether on deputation or in** any other manner) in the Security Guard shall be subject to this Act, wherever they may be, namely:— (a) officers and Assistant Commander; and (b) Rangers and combatised tradesmen. 6 ----- (2) Every person subject to this Act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the Security Guard in accordance with the provisions of this Act and the rules. CHAPTER II CONSTITUTION OF THE SECURITY GUARD AND CONDITIONS OR SERVCE OF THE MEMBERS OF THE SECURITY GUARD **4. Constitution of the Security Guard.—(1) There shall be an armed force of the Union called the** National Security Guard for combating terrorist activities with a view to protect States against internal disturbances. (2) Subject to the provisions of this Act, the Security Guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Security Guard shall be such as may be prescribed. **5. Control, direction, etc.—(1) The general superintendence, direction and control of the Security** 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 Security Guard shall vest in an officer to be appointed by the Central Government as the Director-General of the Security Guard. (2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Additional Directors-General, Inspectors-General, Deputy Inspectors-General, Group Commanders and other officers as may be appointed by the Central Government. **6. Liability for service outside India.—Every member of the Security Guard shall be liable to serve** in any part of India as well as outside India. **7. Resignation and withdrawal from the post.—No member of the Security 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. **8. Tenure of service under the Act.—Every person subject to this Act shall hold office during the** pleasure of the President. **9. Termination of service by Central Government.—Subject to the provisions of this Act and the** rules, the Central Government may dismiss or remove from service any person subject to this Act. **10. Dismissal, removal or reduction by the Director-General and by other officers.—(1) The** Director-General, any Additional Director-General or any Inspector-General may dismiss or remove from 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 a Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or an Assistant Commander. (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 an Assistant Commander. (4) The exercise of any power under this section shall be subject to the provisions of this Act and the rules. **11. Certificate of termination of service.—An Assistant Commander or a Ranger or a combatised** tradesman who is retired, released, discharged, removed or dismissed from the service shall be furnished by the officer to whose command he is subject, with a certificate setting forth— (a) the authority terminating his service; 7 ----- (b) the cause for such termination; and (c) the full period of his service in the Security Guard. **12. Restrictions respecting right to form associations, 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 Security 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 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. **13. Remedy of aggrieved persons other than officers.—(1) Any person subject to this Act other** than an officer who deems himself wronged by any superior or other officer may, complain to the officer under whose command he is serving. (2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred, the aggrieved person may complain to such officer’s next superior officer. (3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or when necessary, refer the complaint to a superior authority. (4) The Director-General may revise any decision made under any of the foregoing sub-sections, but, subject thereto, such decision shall be final. **14. Remedy of aggrieved officers.—Any officer who deems himself wronged by his Commander or** any other superior officer and who, on due application made to his Commander or such other superior officer, does not receive the redress to which he considers himself entitled, may complain to the Director-General or the Central Government through proper channel. CHAPTER III OFFENCES **15. Offences in relation to the terrorists and other persons in arms against the Union and** **punishable with death.—Any person subject to this Act who commits any of the following offences, that** is to say,— (a) shamefully abandons place of his duty or misbehaves in such manner as to show cowardice during operations; (b) treacherously holds correspondence with, or communicates intelligence to, a terrorist or any person in arms against the Union; or (c) directly or indirectly assists any terrorist with money, arms, ammunition, stores or supplies or in any other manner whatsoever; or 8 ----- (d) knowingly does any act calculated to imperil the success of the Security Guard or the military, naval, air forces or any other armed force of India or any forces co-operating therewith or any part of such forces, shall, on conviction by a Security Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned. **16. Offences punishable more severely 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 drunk; or (d) without orders from his superior officer leaves his guard, picket, patrol or post, shall, on conviction by a Security Guard Court,— (i) 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 (ii) 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 of 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 Security Guard or in the military, naval, air forces or any other armed force 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 Commander or other superior officer; or (e) endeavours to seduce any person in the Security Guard or in the military, naval, air forces or any other armed force of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Security Guard 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 Guard 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 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. (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 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. 9 ----- (4) For the purposes of this Act, a person deserts,— (a) if he absents from his unit or the place of duty at any time with the intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty; (b) if he absents himself without leave with intent to avoid any active duty. **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 or absence and having received information from the appropriate authority that any unit or part thereof 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 or without leave from his superior officer, quits the parade or line of march; or (f) when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer; or (g) without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by a Security 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. **20. Striking or threatening superior officer.—Any person subject to this Act who commits any of** the following offences, that is to say,— (a) uses criminal force to or assaults his superior officer; or (b) uses threatening language to such officer; or (c) uses insubordinate language to such officer, shall, on conviction by a Security Guard Court,— (i) 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 (ii) 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 othrewise, shall, on conviction by a Security 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 Security 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. 10 ----- **22. Assault 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 have him in charge; or (d) breaks out of barracks, camp or quarters; or (e) refuses to obey any general, local or other order, shall, on conviction by a Security Guard Court, be liable to suffer imprisonment for a term which may extend, in the case of 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. 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 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. Ill-treating a subordinate.—Any officer, Assistant Commander or Ranger Grade I, 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 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. **25. Drunkenness.—(1) Any person subject to this Act, who is found in a state of drunkenness,** whether on duty or not, shall, on conviction by a Security 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 in a state of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other substance, 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 Security Guard. **26. 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, detachment 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 Guard 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 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. 11 ----- **27. 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 Security Guard 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 Guard 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. **28. 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 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. **29. 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 Security Guard 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 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. **30. Extortion and exaction.—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 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. **31. 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 Guard 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_ specified in the other clauses, to five years, or in either case such less punishment as is in this Act mentioned. 12 ----- **32. 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 31, or any property belonging to any Security Guard 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 in any other manner whatever; or (c) kills, injures, makes away with, ill-treats or losses, any animal entrusted to him, shall, on conviction by a Security Guard 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. **33. 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 fact, shall, on conviction by a Security 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. **34. 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 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. False declaration on appointment.—Any person having become subject to this Act who is** discovered to have made at the time of appointment a wilfully false statement or declaration in connection with his appointment, shall, on conviction by a Security 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. 13 ----- **36. Offences relating to Security 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 Security 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 Security 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 Security 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 the Security 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 Security 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. **37. False evidence.—Any person subject to this Act who, having been duly sworn or affirmed before** any Security Guard Court, or before any officer competent under this Act to administer oath or affirmation or before a Court of inquiry constituted under this Act, 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 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. **38. Unlawful detention of pay.—Any officer, Assistant Commander or Ranger Grade I 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 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. **39. Unbecoming conduct.—Any officer or Assistant Commander who behaves in a manner** unbecoming of his position and the character expected of him shall, on conviction by a Security Guard Court, be liable to be dismissed or to suffer 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 Security Guard shall, on conviction by a Security 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. **41. Miscellaneous offences.—Any person subject to this Act who commits any of the following** offences, that is to say,— (a) being in command of any detachment or 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 caused disturbance at any public place, 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 an Assistant Commander, when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, any town, 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 appointment 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 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. **42. Attempt.—Any person subject to this Act who attempts to commit any of the offences specified** in sections 15 to 41 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by a Security 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. **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 15 to 41 (both inclusive) shall, on conviction by a Security 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 the punishment provided for that offence or such less punishment as is in this Act mentioned. **44. Abetment of offences that have not been committed.—(1) Any person subject to this Act** who abets the commission of any of the offences punishable with death under sections 15, 17 and sub-section (1) of section 18 shall, on conviction by a Security 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 fourteen years or such less punishment as is in this Act mentioned. (2) Any person subject to this Act who abets the commission of any of the offences specified in sections 15 to 41 (both inclusive) and punishable with imprisonment shall, on conviction by a Security 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. **45. Civil offences.—Subject to the provisions of section 46, 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 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 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. **46. Civil offences not triable by a Security 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 under this Act and shall not be tried by a Security Guard Court, unless he commits any of the said offences,— (a) while on active duty; or (b) at any place outside India. 15 ----- CHAPTER IV PUNISHMENTS **47. Punishments awardable by Security Guard Courts.—(1) Punishments may be inflicted in** respect of offences committed by persons subject to this Act and convicted by Security 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 but excluding imprisonment for a term not exceeding three months in Security Guard custody; (c) dismissal from the service; (d) imprisonment for a term not exceeding three months in Security Guard custody; (e) reduction to the ranks or to a lower rank or grade in the case of a Ranger Grade I; (f) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion where promotion depends upon length of service; (g) forfeiture of service for the purpose of increment or pension or other prescribed purpose; (h) severe reprimand or reprimand except in the case of persons below the rank of Ranger Grade I; (i) forfeiture in the case of a 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; (j) deduction from pay and allowances to make good any proved loss or damage occasioned by the offence for which he is convicted. (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. **48. Alternative punishments awardable by Security Guard Courts.—Subject to the provisions of** this Act, a Security Guard Court may, on convicting a person subject to this Act of any of the offences specified in sections 15 to 44 (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 of the punishments lower in the scale set out in section 47 regard being had to the nature and degree of the offence. **49. Combination of punishments.—A sentence of a Security 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 47 and any one or more of the punishments specified in clauses (e) to (j) (both inclusive) of that sub-section. **50. Punishments otherwise than by Security Guard Courts.—Punishments may also be inflicted** in respect of offences committed by persons subject to this Act without the intervention of a Security Guard Court in the manner stated in sections 51 and 53. **51. Minor punishments.—(1) Subject to the provisions of section 52, a Commander of and above** the rank of a Group Commander may, in the prescribed manner proceed against a person subject to this Act other than an officer or an Assistant Commander, 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 Security Guard 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 acting rank provided such rank has not been held by him for more than two years; 16 ----- (f) severe reprimand or reprimand; (g) deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished. (2) If a group is being temporarily commanded by an officer of the rank of a Squadron Commander or a Team Commander, such officer shall have full powers of a Commander as specified in sub-section (1). (3) Subject to the provisions of section 52, a Squadron Commander or a Team Commander commanding a squadron or a team or any detachment shall have the power to proceed against a person subject to this Act, other than an officer or an Assistant Commander, who is charged with an offence under this Act and award such person to the extent prescribed, one or more of the punishments specified in clauses (a) to (d) and (g) of sub-section (1) provided that the maximum limit of punishment awarded under each of the clauses (a), (b) and (c) shall not exceed fourteen days. **52. Limit of punishments under section 51.—(1) In the case of an award of two or more of the** punishments specified in clauses (a), (b), (c) and (d) of sub-section (1) of section 51, 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 fifty-six 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 Ranger Grade I or was, at the time of committing the offence for which he is punished, or such rank. (4) The punishments specified in clause (f) of sub-section (1) of section 51 shall not be awarded to any person below the rank of Ranger Grade I. **53. Punishment of officers of or below the rank of Squadron Commanders by officers not below** **the rank of Inspectors-General.—An officer not below the rank of an Inspector-General may, in the** prescribed manner, proceed against an officer of or below the rank of a Squadron Commander, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say,— (a) forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a General Security Guard Court; (b) severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. **54. Punishment of persons of the rank of Assistant Commander.—(1) An officer not below the** rank of a Deputy Inspector-General may, in the prescribed manner, proceed against a person of the rank of an Assistant Commander 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 one year, but subject to the right of the accused previous to the award to elect to be tried by a General Security Guard Court; (b) severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. 17 ----- (2) An officer of the rank of a Group Commander may, in the prescribed manner, proceed against a person of the rank of an Assistant Commander who is charged with an offence under this Act and award any one or both of the following punishments, that is to say,— (a) severe reprimand or reprimand; (b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. CHAPTER V ARREST AND PROCEEDINGS BEFORE TRIAL **55. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may** be taken into Security Guard custody, under the order of any superior officer. (2) Notwithstanding anything contained in sub-section (1), an officer may order into Security Guard custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder. **56. Duty of Commander in regard to detention.—(1) It shall be the duty of every Commander 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 Commander to the next higher authority. (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 Security Guard custody, pending the trial by any competent authority for any offence committed by him. **57. Interval between committal and trial.—In every case where any such person as is mentioned in** section 55 and as is not on active duty, remains in such custody for a longer period than eight days without a Security Guard Court for his trial being convened, a special report giving reasons for the delay shall be made by his Commander and a similar report shall be forwarded at intervals of every eight days until a Security Guard Court is convened or such person is released from custody. **58. 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 Security Guard custody of such persons upon receipt of a written application to that effect signed by his Commander or an officer authorised by the Commander in that behalf. **59. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Commander 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 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 Security Guard custody. (2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter and shall bring him without delay before the nearest Magistrate, to be dealt with according to law. 18 ----- **60. 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 an officer not below the rank of a Group Commander under whose command he is for the time being serving and such Court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due authority or other sufficient cause, the Court shall declare such absence and the period thereof and the said deficiency, if any, and transmit the proceedings of the Court of inquiry to the officer who appointed the court of inquiry, for further action. (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. CHAPTER VI SECURITY GUARD COURTS **61. Kinds of Security Guard Courts.—For the purposes of this Act there shall be three kinds of** Security Guard Courts, that is to say,— (a) General Security Guard Courts; (b) Petty Security Guard Courts; and (c) Summary Security Guard Courts. **62. Power to convene General Security Guard Court.—A General Security 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. **63. Power to convene a Petty Security Guard Court.—A Petty Security Guard Court may be** convened by an officer having power to convene a General Security Guard Court or by an officer empowered in this behalf by warrant of any such officer. **64. Contents of warrants issued under sections 62 and 63.—A warrant, issued under section 62 or** section 63 may contain such restrictions, reservations or conditions as the officer issuing it may think fit. **65. Composition of General Security Guard Court.—A General Security Guard Court shall consist** of not less than five officers. **66. Composition of a Petty Security Guard Court.—A Petty Security Guard Court shall consist of** not less than three officers. **67. Summary Security Guard Court.—(1) A Summary Security Guard Court may be held by the** Commander of any unit of the Security Guard and he alone shall constitute the Court. (2) The proceedings shall be attended throughout by two other persons who shall be officers or Assistant Commanders or one of either, and who shall not as such, be sworn or affirmed: Provided that the persons attending the Court for the trial of an officer shall not be of a rank lower than the rank of that officer unless in the opinion of the convening officer recorded in the convening order, officers of such rank are not, having due regard to the exigencies of public service, available. **68. Dissolution of a Security Guard Court.—(1) If a Security 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 concerned Judge Attorney or, as the case may be, Deputy Judge Attorney-General or Additional Judge Attorney-General or of the accused before the finding, it is impossible to continue the trial, a Security Guard Court shall be dissolved. (3) The authority or officer who convened a Security Guard Court may dissolve the same if it appears to it or him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said Security Guard Court. (4) Where a Security Guard Court is dissolved under this section, the accused may be tried again. 19 ----- **69. Powers of a General Security Guard Court.—A General Security 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. **70. Powers of a Petty Security Guard Court.—A Petty Security Guard Court shall have the power** to try any person subject to this Act other than an officer or an Assistant Commander 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. **71. Powers of a Summary Security Guard Court.—(1) Subject to the provisions of sub-section (2),** a Summary Security Guard Court may try any offence punishable under this Act. (2) When there is no grave reason for immediate action a 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 Guard Court shall not try without such reference any offence punishable under any of the sections 15, 17 and 45, or any offence against the officer holding the Court. (3) A Summary Security Guard Court may try any person subject to this Act and under the command of the officer holding the Court, except an officer, or an Assistant Commander. (4) A Summary Security Guard 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 Guard Court holds the rank not below that of a Group Commander; (b) three months, in any other case. **72. Prohibition of second trial.—(1) When any person subject to this Act has been acquitted or** convicted of an offence by a Security Guard Court or by a Criminal Court or has been dealt with under section 51 or section 53 or section 54, he shall not be liable to be tried again for the same offence by a Security Guard 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 Guard Court or has been dealt with under section 51 or section 53 or section 54, he shall not be liable to be tried again by a Criminal Court for the same offence or on the same facts. **73. Period of limitation for trial.—(1) Except as provided by sub-section (2), no trial by a Security** Guard Court of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. (2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section 17. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person in evading arrest after the commission of the offence, shall be excluded, **74. 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 Security Guard 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 subject to 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 Guard Court. 20 ----- **75. Application of Act during term of sentence.—(1) When a person subject to this Act is** sentenced by a Security Guard Court to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Security 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 Security Guard Court to death, this Act shall apply to him till the sentence is carried out. **76. 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. **77. Choice between Criminal Court and Security Guard Court.—When a Criminal Court and a** Security 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 Security Guard Court, to direct that the accused person shall be detained in Security Guard custody. **78. Power of criminal court to require delivery of offender.—(1) When a Criminal Court having** jurisdiction is of the 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 77 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 GUARD COURTS **79. Presiding officer.—At every General Security Guard Court or Petty Security Guard Court, the** senior member shall be the presiding officer. **80. Judge Attorneys, etc.—Every General Security Guard Court shall, and every Petty Security** Guard Court may, be attended by a Judge Attorney or a Deputy Judge Attorney-General or an Additional Judge Attorney-General, or, if no such officer is available, an officer approved by the Judge Attorney-General or by any officer authorised in this behalf by the Judge Attorney-General. **81. Challenges.—(1) At all trials by a General Security Guard Court or by a Petty Security 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 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. **82. Oaths of members, Judge Attorney and witness.—(1) An oath or affirmation in the prescribed** manner shall be administered to every member of every Security Guard Court and to the Judge Attorney, or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved under section 80, before the commencement of the trial. 21 ----- (2) Every person giving evidence before a Security Guard 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 Guard Court is of the opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation. **83. Voting by members.—(1) Subject to the provisions of sub-sections (2) and (3), every decision of** a Security 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 General Security 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. **84. 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 Guard Court. **85. Judicial notice.—A Security Guard Court may take judicial notice of any matter within the** general knowledge of the members as officers of the Security Guard. **86. Summoning witnesses.—(1) The convening officer, the presiding officer of a Security Guard** Court, the Judge Attorney or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved under section 80 or the Commander 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 Commander 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 was 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. **87. Documents exempted from production.—(1) Nothing in section 86 shall be deemed to effect** 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 Judicial Magistrate, Court of Session on High Court wanted for the purpose of any Security 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 order of any such District Magistrate, Chief Judicial Magistrate, Court of Session or High Court. **88. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by a** Security 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 Judge Attorney-General in order that a commission to take the evidence of such witness may be issued. (2) The Judge Attorney-General may then if he thinks necessary, issue a commission to any Chief Judicial Magistrate or Magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. 22 ----- (3) The Magistrate or officer to whom the commission is issued, or, if he is the Chief Judicial 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, 1973 (2 of 1974). (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 XXIII-B of the Code of Criminal Procedure, 1973 (2 of 1974). **89. Examination of witness on commission.—(1) The prosecutor and accused person in any case in** which a commission is issued under section 88 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 88 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Judge, Attorney-General. (4) On receipt of a commission, and deposition returned under sub-section (3), the Judge Attorney-General shall forward the same to the Court at whose instance the commission was issued or, if such Court has been dissolved, to any other Court conveaned 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 88, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission. **90. Conviction of offence not charged.—A person charged before a Security Guard Court,—** (a) with desertion may be found guilty of attempting to desert or of being absent without leave; (b) with attempting to desert may be found guilty of being absent without leave; (c) with using criminal force may be found guilty of assault; (d) with using threatening language may be found guilty of using insubordinate language; (e) with any one of the offences specified in clauses (a), (b), (c) and (d) of section 29 may be found guilty of any other of these offences with which he might have been charged; (f) with an offence punishable under section 45 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, 1973 (2 of 1974), were applicable; (g) 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; (h) 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. **91. 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. **92. Appointment paper.—(1) Any appointment paper purporting to be signed by an appointing** authority shall, in proceedings under this Act, be evidence of the person appointed having given the answers to questions which he is therein represented as having given. 23 ----- (2) The appointment of such person may be proved by the production of the original or a copy of his appointment paper purporting to be certified to be a true copy by the officer having the custody of the appointment paper. **93. 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 Security Guard, or respecting the circumstances of any person not having served in, or belonged to, any unit of the Security Guard, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by any other competent authority, shall be evidence of the facts stated in such letter, return or other document. (2) A National Security Guard List or Gazette purporting to be published by authority shall be evidence of the status and rank of the officers and Assistant Commanders therein mentioned, and of any appointment held by them and of the group, unit or branch of the Security Guard to which they belong. (3) Where a record is made in any unit book in pursuance of this Act or of any rules or otherwise in the discharge of official duties, and purports to be signed by the Commander 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 unit 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 Security Guard, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the Commander 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) (a) Any document purporting to be a report under the hand of a Government scientific expert to whom this sub-section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Act, may be used as evidence in any inquiry, trial or other proceeding under this Act. (b) The Security Guard Court may, if it thinks fit, summon and examine any such expert as to the subject matter of his report. (c) Where any such expert is summoned by a Security Guard Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally depute any responsible person working with him to attend the Court if such officer is conversant with the facts of the case and can satisfactorily depose in the Court on his behalf. (d) This sub-section applies to the Government scientific experts, for the time being specified in sub-section (4) of section 293 of the Code of Criminal Procedure, 1973 (2 of 1974). **94. Reference by accused to Government officer.—(1) If at any trial for desertion or absence** without leave, over-staying 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 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. 24 ----- (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. **95. Evidence of previous convictions and general character.—(1) When any person subject to this** Act has been convicted by a Security Guard Court of any offence, such Security Guard Court may inquire into and receive and record evidence of any previous convictions of such person, either by a Security Guard Court or by a Criminal Court, or any previous award of punishment under section 51 or section 53 or section 54 and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) The evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of Security 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. (3) At a Summary Security Guard 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. **96. Lunacy of accused.—(1) Whenever, in the course of a trial by a Security 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 Court, or, in the case of a Summary Security Guard 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 111, 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 Guard Court for the offence with which he was charged. (4) The authority to whom the finding of a Summary Security Guard 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. **97. 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 96, any officer prescribed in this behalf, may— (a) if such person is in custody under sub-section (4) of section 96, 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 96, 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 Guard Court for the offence with which he was originally charged or, if the offence is a civil offence, by a Criminal Court. 25 ----- **98. Transmission to Central Government of orders under section 97.—A copy of every order** made by an officer under section 97 for the trial of the accused shall forthwith be sent to the Central Government. **99. Release of lunatic accused.—Where any person is in custody under sub-section (4) of section 96** 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 97 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. **100. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in** custody under sub-section (4) of section 96 of 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 officer, 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. **101. 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 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. **102. Order for disposal of property regarding which offence is committed.—(1) After the** conclusion of a trial before any Security Guard Court, the Court or the officer confirming the finding or sentence of such Security Guard Court, or any authority superior to such officer, or in the case of a Summary Security Guard Court whose finding or sentence does not require confirmation, an officer not below the rank of a 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, 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. **103. Powers of Security Guard Court in relation to proceedings under the Act.—Any trial by a** Security 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 Security 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). 26 ----- CHAPTER VIII CONFIRMATION AND REVISION **104. Finding and sentence not valid, unless confirmed.—No finding or sentence of a General** Security Guard Court or a Petty Security Guard Court shall be valid except so far as it may be confirmed as provided by this Act. **105. Power to confirm finding and sentence of General Security Guard Court.—The findings** and sentences of General Security Guard Courts may be confirmed by the Central Government or by any officer empowered in this behalf by warrant of the Central Government. **106. Power to confirm finding and sentence of Petty Security Guard Court.—The findings and** sentences of Petty Security Guard Courts may be confirmed by an authority or officer having power to convene a General Security Guard Court or by any officer empowered in this behalf by warrant of such authority or officer. **107. Limitation of powers of confirming authority.—A warrant issued under section 105 or section** 106 may contain such restrictions, reservations or conditions as the authority issuing it may think fit. **108. 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 105 or section 106, a confirming authority may, when confirming the sentence of a Security Guard 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 47 or may set aside the proceedings of the trial if found to be illegal. **109. Revision of finding or sentence.—(1) Any finding or sentence of a Security Guard Court which** requires confirmation may be once revised by the 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 Guard Court, it still consists of five officers, or, if a Petty Security Guard Court, of three officers. **110. Finding and sentence of a Summary Security Guard Court.—The finding and sentence of a** Summary Security Guard Court shall not require to be confirmed, but may be carried out forthwith. **111. Transmission of proceedings of Summary Security Guard Court.—The proceedings of** every Summary Security Guard Court shall, without delay, be forwarded to the officer not below the rank of a 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. **112. Alteration of finding of sentence in certain cases.—(1) Where a finding of guilty by a Security** Guard 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 section 124 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 findings could have been validly made by the Security Guard Court on the charge and unless it appears that the Security Guard Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Security Guard 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. 27 ----- (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 Guard Court. **113. Remedy against order, finding or sentence of Security Guard Court.—(1) Any person** subject to this Act who considers himself aggrieved by any order passed by any Security Guard Court may present a petition to the officer or authority empowered to confirm any finding or sentence of such Security Guard 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 Guard 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. **114. Annulment of proceedings.—The Central Government, the Director-General or an Inspector-** General may annul the proceedings of any Security Guard Court on the ground that they are illegal or unjust. CHAPTER IX EXECUTION OF SENTENCES, PARDONS, REMISSIONS, ETC. **115. Form of sentence of death.—In awarding a sentence of death, a Security 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. **116. Commencement of sentence of imprisonment.—Whenever any person is sentenced by a** Security Guard 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 Guard Court, by the Court: Provided that the period of detention or confinement, if any undergone by an accused person, during the investigation, inquiry or trial of the case in which he is sentenced and before the date on which the original proceedings were signed shall be set-off against the term of his sentence and the liability of such person to undergo imprisonment shall be restricted to the remainder, if any of the term of his sentence. **117. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is** passed under this Act by a Security Guard Court or whenever any sentence of death is commuted to imprisonment, the confirming officer, or in case of a Summary Security Guard 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 Commander of the person under_ sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. (3) In the case of a sentence of imprisonment for a period not exceeding three months and passed under this Act by a Security Guard Court, the appropriate officer under sub-section (1) may direct that the sentence shall be carried out by confinement in Security Guard custody instead of in a civil prison. 28 ----- (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. **118. Temporary custody of offender.—Where a sentence of imprisonment is directed to be** undergone in a civil prison the offender may be kept in Security Guard custody or in any other fit place, till such time as it is possible to send him to a civil prison. **119. Execution of sentence of imprisonment in special cases.—Whenever, in the opinion of an** officer not below the rank of a 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 Security Guard custody in accordance with the provisions of section 117, 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. **120. 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 subjected to such restraint as is necessary for his safe conduct and removal. **121. 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. **122. Execution of sentence of fine.—When a sentence of fine is imposed by a Security Guard Court** under section 45, 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, 1973 (2 of 1974), as if it were a sentence of fine imposed by such Magistrate. **123. 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. **124. Pardon and remission.—When any person subject to this Act has been convicted by a Security** Guard 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 a 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 (c) commute such punishment for any less punishment or punishments mentioned in this Act; or (d) either with or without conditions which the person sentenced accepts, release the person on parole. **125. 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. 29 ----- (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. **126. Suspension of sentence of imprisonment.—(1) Where a person subject to this Act is sentenced** by a Security Guard Court to imprisonment, the Central Government, the Director-General or any officer empowered to convene a General Security Guard Court may suspend the sentence whether or not the offender has already been committed to prison or to Security 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 Security 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 confirmed, reduced or commuted. **127. Orders pending suspension.—(1) Where the sentence referred to in section 126 is imposed by** a Security Guard Court, other than a Summary Security Guard Court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to Security Guard custody until the orders of the authority or officer specified in section 126, have been obtained. (2) Where a sentence of imprisonment is imposed by a Summary Security Guard Court, the officer holding the trial may make the direction referred to in sub-section (1). **128. Release on suspension.—Where a sentence is suspended under section 126, the offender shall** forthwith be released from custody. **129. 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. **130. Order after suspension.—The authority or officer specified in section 126 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. **131. 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 126, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in section 126. (2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 126. **132. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended** under this Act, is sentenced for any other offence, then— (a) if the further sentence is also suspended under this Act, the two sentences shall run concurrently; (b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Security 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 130 or section 131 continue to be suspended. **133. Scope of power of suspension.—The powers conferred by sections 126 and 130 shall be in** addition to, and not in derogation of, the power of mitigation, remission and commutation. 30 ----- **134. 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 Guard Court, and such other sentence is suspended under section 126, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 126. (2) If such other sentence is remitted under section 130, the punishment of dismissal shall also be remitted. CHAPTER X MISCELLANEOUS **135. Rank structure.—(1) The officers and other members of the Security Guard shall be classified** in accordance with their ranks in the following categories, namely:— (a) officers— (i) Director-General. (ii) Additional Director-General. (iii) Inspector-General. (iv) Deputy Inspector-General. (v) Group Commander. (vi) Squadron Commander. (vii) Team Commander (b) Assistant Commanders— (viii) Assistant Commander Grade I. (ix) Assistant Commander Grade II. (x) Assistant Commander Grade III. (c) person other than officers and Assistant Commanders— (xi) Ranger Grade I. (xii) Ranger Grade II. (xiii) Combatised tradesmen. (2) The matters relating to _inter se seniority of persons belonging to the same rank shall be_ determined in accordance with such rules as may be prescribed. (3) Notwithstanding anything contained in this Act, the Director-General may, subject to confirmation by the Central Government as provided hereinafter, grant to an officer or Assistant Commander Grade I a rank, mentioned in clause (a) of sub-section (1) as a local rank, whenever considered necessary by him in the interest of better functioning of the Security Guard. (4) An officer or Assistant Commander Grade I holding a local rank,— (a) shall exercise the command and be vested with powers of an officer holding that rank; (b) shall cease to hold that rank, if the grant of such rank is not confirmed within one month by the Central Government, or when so ordered by the Director-General or when he ceases to hold the appointment for which the rank was granted; (c) shall not be entitled to claim any seniority over other officers by virtue of his having held such local rank; and (d) shall not be entitled to any extra pay for holding such rank. 31 ----- **136. Deduction from pay and allowances.—(1) Subject to the provisions of sub-section (4), the** following deductions may be made from the pay and allowances of an officer, that is to say— (a) all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given and accepted by the Inspector-General under whom he is for the time being serving, and for every day of imprisonment awarded by a Criminal Court or a Security Guard Court; (b) any sum required to make good the pay of any person subject to this Act which the officer has unlawfully retained or unlawfully refused to pay; (c) any sum required to be paid as fine imposed by a Criminal Court; (d) any sum required to make up any loss, damage or destruction of public property or property belonging to the Security Guard which, after due investigation, appears to the Inspector-General under whom the officer is for the time being serving, to have been occasioned by wrongful act or negligence on the part of the officer; (e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child. (2) Subject to the provisions of sub-section (4), the following deductions may be made from the pay and allowances of a person subject to this Act, other than an officer, that is to say,— (a) all pay and allowances due to him for every day of absence either on desertion or without leave unless a satisfactory explanation has been given and accepted by his Commander and for every day of imprisonment awarded by a Criminal Court, a Security Guard Court or an officer exercising authority under section 51; (b) any sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (c) any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Central Government or to any building or property or any private fund of the Security Guard as may be awarded by his Commander; (d) any sum required to be paid as fine imposed by a Criminal Court; (e) any sum required by an order of the Central Government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step-child or towards the cost of any relief given by the said Government to the said wife or child. (3) (i) No person shall be treated as absent or under imprisonment for a day unless the absence or imprisonment has lasted, whether wholly in one day or partly in one day and partly in another, for six consecutive hours or upwards. (ii) Any absence or imprisonment for less than a day may be reckoned as absence or imprisonment for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member of the Security Guard which was thereby thrown upon some other member. (4) The total deductions from the pay and allowances of a person made under clauses (b) to (e) of sub-section (1) or clauses (b) to (e) of sub-section (2) shall not, except where he is sentenced to dismissal, exceed in any one month, one-half of his pay and allowances for that month. (5) Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension. (6) The following shall be the authorities competent to order deductions from pay and allowances under this Act, namely:— (a) Commanders not below the rank of Group Commanders, in the case of persons other than officers; 32 ----- (b) Inspector-General, in the case of officers. (7) Any authority superior to the one ordering any deduction under this Act shall be competent to remit the whole or part of the said deduction. (8) Any power conferred by the provisions of this section on an officer may be exercised by an officer or authority superior in command to the first mentioned officer. **137. Powers and duties conferable and imposable on members of the Security Guard.—(1) The** Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations as may be specified in the order, any member of the Security Guard may exercise or discharge such of the powers or duties under any 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 such Central 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 Security Guard 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 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. **138. Protection for acts of members of the Security Guard.—(1) In any suit or proceeding against** any member of the Security 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 Security 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 Security 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. **139. 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 the Security Guard shall be constituted and the conditions of service of its members under sub-section (1) of section 4; (b) the nature of the book or letter or other document, the communication or publication whereof would not be restricted by sub-section (1) of section 12; (c) the purposes other than political purposes for which a person subject to the Act shall not participate in, or address, any meeting or demonstration under sub-section (2) of section 12; 33 ----- (d) the purposes for which the forfeiture of service as a punishment may be inflicted under sub-section (1) of section 47; (e) the manner in which officers may be proceeded against under section 53 and sub-sections (1) and (2) of section 54; (f) the manner in which and the period for which any person subject to this Act may be taken into and detained in Security Guard custody pending his trial under sub-section (4) of section 56; (g) the manner in which a Court of inquiry enquiring into the absence of person, shall administer oath or affirmation under sub-section (1) of section 60; (h) the manner in which a vacancy may be filled in on the retirement of a member of General Security Guard Court or a Petty Security Guard Court under sub-section (3) of section 81; (i) the manner in which oath or affirmation shall be administered to the members of the Security Guard Courts and the Judge Attorney, etc., under sub-section (1) of section 82; (j) the manner in which a person giving evidence before a Security Guard Court shall be sworn or affirmed in under sub-section (2) of section 82; (k) the manner in which a Security Guard Court when convicting a person may inquire into under sub-section (1) of section 95; (l) the manner in which an accused person shall be kept in custody under sub-section (4) of section 96; (m) the form of the warrant which shall be forwarded to the officer in charge of the prison in which a person under sentence of imprisonment is to be conferred under sub-section (2) of section 117; (n) the person who shall forward the warrant for the confinement of a person in a civil prison under section 121; (o) the matters relating to _inter se seniority of persons belonging to the same rank under_ sub-section (2) of section 135; (p) the authorities or officers to be prescribed under section 7, sub-section (2) of section 10, sub-section (1) of section 12, section 77, section 97, section 111, sub-section (2) of section 113, sub-sections (1), (2) and (4) of section 117 and section 124; (q) 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. **140. Provisions as to existing National Security Guard.—(1) The National Security Guard in** existence at the commencement of this Act shall be deemed to be the Security Guard constituted under this Act. (2) The members of the National Security Guard in existence at the commencement of this Act shall be deemed to have been appointed as such under this Act. 34 ----- (3) Anything done or any action taken before the commencement of this Act in relation to the constitution of the National Security Guard referred to in sub-section (1), in relation to any person appointed, 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. 35 -----

7-Dec-1986

54

The Dock Workers (Safety, Health and Welfare) Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1867/1/A1986-54.pdf

central

# THE DOCK WORKERS (SAFETY, HEALTH AND WELFARE) ACT, 1986 __________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent, commencement and application. 2. Definitions. 3. Inspectors. 4. Powers of Inspectors. 5. Powers of Inspectors where employment of dock workers are dangerous. 6. Facilities to be afforded to an Inspector. 7. Restrictions on disclosure of information. 8. Appeal. 9. Advisory Committee. 10. Power of appropriate Government to direct inquiry into cases of accidents or diseases. 11. Obligations of dock workers. 12. Power to exempt. 13. Protection of action taken in good faith. 14. Penalties. 15. Determination of the persons responsible for the offence in certain cases. 16. Power of court to make orders. 17. Provisions relating to jurisdiction. 18. Provision regarding fine. 19. General provision for punishment for other offences. 20. Power to make rules. 21. Power to make regulations. 22. General provision relating to rules and regulations. 23. Amendment of Act 9 of 1948. 24. Repeal. 25. Savings. 1 ----- # THE DOCK WORKERS (SAFETY, HEALTH AND WELFARE) ACT, 1986 # ACT NO. 54 OF 1986 [7th December, 1986.] # An Act to provide for the safety, health and welfare of dock workers and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— **1. Short title, extent, commencement and application.—(1) This Act may be called the Dock** Workers (Safety, Health and Welfare) Act, 1986. (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. (4) It shall not apply to any ship of war of any nationality. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appropriate Government” means, in relation to any major port, the Central Government, and, in relation to any other port, the State Government; (b) “cargo” includes anything carried or to be carried in a ship or other vessel; (c) “Chief Inspector” means the Chief Inspector of Dock Safety, appointed under sub-section (1) of section 3; (d) ”dock work” means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes— (i) work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port; and (ii) chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any other storage area in board the ship or in the docks; (e) “dock worker” means a person employed or to be employed directly or by or through any agency (including a contractor) with or without knowledge of the principal employer, whether for remuneration or not, on dock work; (f)“employer”, in relation to a dock worker, means the person by whom he is employed or is to be employed on dock work, whether for remuneration or not; (g) “principal employer”, in relation to a dock worker employed or to be employed by or through any agency (including a contractor), means the person in connection with those work he is employed or is to be employed by such agency; (h) “regulation” means a regulation made under this Act. **3. Inspectors.—(1) The appropriate Government may, by notification in the Official Gazette,** appoint such person as it thinks fit to be the Chief Inspector of Dock Safety and such persons as it thinks fit to be Inspectors subordinate to the Chief Inspector for the purposes of this Act at such ports as may be specified in the notification. (2) The Chief Inspector shall also exercise the powers of an Inspector. (3) The Chief Inspector and all Inspectors shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). 1.15th April, 1987, _vide_ notification No. G.S.R. 399(E), dated 15th April, 1987, _see_ Gazette of India, Extraordinary, Part II, sec. 3(i). 2 ----- **4. Powers of Inspectors.—An Inspector may, at any port for which he is appointed,—** (a) enter, with such assistance (if any), as he thinks fit, any ship, dock, warehouse or other premises, where any dock work is being carried on, or where he has reason to believe that any dock work is being carried on; (b) make examination of the ship, dock, lifting machinery, cargo gear, stagings, transport equipment, warehouses or other premises, used or to be used, for any dock work; (c) require the production of any register, muster roll or other document relating to the employment of dock workers and examine such document; (d) take on the spot or otherwise such evidence of any person which he may deem necessary: Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself; (e) take copies of registers, records or other documents or portions thereof as he may consider relevant in respect of any offence which he has reason to believe has been committed or for the purpose of any inquiry; (f) take photograph, sketch, sample, measure or record as he may consider necessary for the purpose of any examination or inquiry; (g) hold an inquiry into the causes of any accident which he has reason to believe was the result of the collapse or failure of lifting machinery, transport equipment, staging or non-compliance with any of the provisions of this Act or the regulations; (h) issue show cause notice relating to the safety, health and welfare provisions arising under this Act or the regulations; (i) prosecute, conduct or defend before any court any complaint or other proceedings arising under this Act or the regulations; (j) exercise such other powers as may be conferred upon him by the regulations. **5. Powers of Inspectors where employment of dock workers are dangerous.—(1) If it appears to** an Inspector that any place at which any dock work is being carried on is in such a condition that it is dangerous to life, safety or health, of dock workers, he may, in writing, serve on the owner or on the person in charge of such place an order prohibiting any dock work in such place until measures have been taken to remove the cause of the danger to his satisfaction. (2) An Inspector serving an order under sub-section (1) shall endorse a copy to the Chief Inspector who may modify or cancel the order without waiting for an appeal. **6. Facilities to be afforded to an Inspector.—The owner or the person in charge of the place at** which any dock work is being carried on, shall afford the Chief Inspector or the Inspector all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this Act or the regulations. **7. Restrictions on disclosure of information.—(1) All copies of, and extracts from, registers or** other records in relation to any dock work and all other information required by the Chief Inspector or an Inspector or by any one assisting him, in the course of the inspection or investigation carried out for the purposes of this Act or the regulations shall be regarded as confidential and shall not be disclosed to any person or authority unless such disclosure is for the purpose of any action or proceeding under this Act or the regulations or under any other law or unless the Chief Inspector or the Inspector considers such disclosure necessary to ensure the health, safety or welfare of any dock worker. (2) The Chief Inspector or the Inspector shall not disclose the source of any complaint bringing to his notice a defect or breach of any legal provisions and if any visit or inspection is to be made in connection with such a complaint, he shall give no intimation to the employer that the visit is made in consequence of receipt of such a complaint: 3 ----- Provided that the restrictions imposed under this sub-section shall not apply to any case where the complainant himself has expressed his willingness to have the source of complaint disclosed. (3) If the Chief Inspector or an Inspector or any other person referred to in sub-section (1) discloses, contrary to the provisions of this section, any information as aforesaid, the shall he punishable with imprisonment for a term which may extend to one year, or with fine, or with both. **8. Appeal.—Any person aggrieved by an order under section 5 may, within fifteen days from the date** on which the order is communicated to him, prefer an appeal to the Chief Inspector or where such order is by the Chief Inspector, to such authority as may be specified by the regulations and the Chief Inspector on such authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible: Provided that the Chief Inspector or such authority may entertain the appeal after the expiry of the said period of fifteen days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time: Provided further that an order under section 5 shall be complied with, pending the decision of the Chief Inspector or such authority. **9. Advisory Committee.—(1) The appropriate Government may constitute an Advisory Committee** to advise upon such matters arising out of the administration of this Act and the regulations as that Government may refer to it for advice. (2) The members of the Advisory Committee shall be appointed by the appropriate Government and shall be of such number and chosen in such manner as may be prescribed by rules made under this Act: Provided that the Advisory Committee shall include an equal number of members representing— (i) the appropriate Government, (ii) the dock workers, and (iii) the employers of dock workers and shipping companies. (3) The Chairman of the Advisory Committee shall be one of the members appointed to represent the appropriate Government, nominated in this behalf by that Government. (4) The appropriate Government shall publish in the Official Gazette the names of all members of the Advisory Committee. (5) The term of office of the members of the Advisory Committee 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 by rules made under this Act. **10. Power of appropriate Government to direct inquiry into cases of accidents or diseases.—(1)** The appropriate Government may, if it considers it expedient to do so, appoint a competent person to inquire into the causes of any accident occurring in connection with any dock work or into any cases where a disease specified by regulations as a disease connected with dock work has been or is suspected to have been contracted by dock workers and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) The person appointed to hold an inquiry under this section shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860). (3) The person holding the inquiry under this section shall make a report to the appropriate Government stating the causes of the accident or, as the case may be, disease and any attendant circumstances and adding any observations which he or any of the assessors may think fit to make. 4 ----- (4) The procedure to be followed at inquiries under this section shall be such as the appropriate Government may prescribe by rules under section 20. **11. Obligations of dock workers.—(1) No dock worker shall—** (a) wilfully interfere with, or misuse, any appliance, convenience or other thing provided in connection with any dock work for the purpose of securing the health, safety and welfare of dock workers; (b) wilfully and without reasonable cause do anything likely to endanger himself or others; and (c) wilfully neglect to make use of any appliance, convenience or other thing provided in connection with any dock work for the purpose of securing the health, safety and welfare of dock workers. (2) If any dock worker contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both. **12. Power to exempt.—The appropriate Government may, by notification in the Official Gazette,** exempt from all or any of the provisions of this Act and of the regulations, or such conditions, if any, as it thinks fit— (a) any port or place, dock, wharf, quay or similar premises, if that Government is satisfied that dock work is only occasionally carried on or the traffic is small and confined to small ships and fishing vessels at such port, dock, wharf, quay or similar premises; or (b) any specified ship or class of ships, if that Government is satisfied, having regard to the features of such ship or ships, the nature, quantum and periodicity of dock work carried thereon and all other relevant factors, that it is necessary so to do: Provided that the appropriate Government shall not grant exemption under this section unless it is satisfied that such exemption will not adversely affect the health, safety and welfare of dock workers. **13. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against any person for anything which is in good faith done or intended to be done under this Act. **14. Penalties.—(1) Whoever,—** (a) wilfully obstructs an Inspector in exercise of any power conferred by or under this Act or fails to produce on demand by an Inspector any register or other documents kept in pursuance of the regulations or otherwise in connection with any dock work or conceals or prevents or attempts to prevent any person from appearing before, or being examined by, an Inspector; or (b) unless duly authorised or in case of necessity, removes any fencing, gangway, gear, ladder, life-saving means or appliance, light, mark, stage or other thing required to be provided by, or under, the regulations; or (c) having in case of necessity removed any such fencing, gangway, gear, ladder, life-saving means or appliance, light, mark, stage or other thing, omits to restore it at the end of the period for which its removal was necessary, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousands rupees, or with both. (2) If any person, being a person whose duty is to comply with any of the regulations, contravenes such regulations and such contravention results— (a) in any fatal accident to a dock worker, or (b) an accident which incapacitates a dock worker from earning his full wages for more than a fortnight, such person shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than two thousand rupees in a case falling under clause (a) and five hundred 5 ----- rupees in a case falling under clause (b) but which may extend, in either case, to five thousand rupees, or with both, and the court may order the whole or part of the fine to be paid to the dependent of the deceased dock worker or, as the case may be, to the injured dock worker. _Explanation.—The provisions of this sub-section shall be in addition to any provisions which may be_ made under sub-section (4) of section 21. (3) Subject to the provisions of section 11, if any dock worker contravenes any provision of this Act or the regulations imposing any duty or liability on dock workers, he shall be punishable with imprisonment for a term which may extend to three months, or with tine which may extend to two hundred rupees, or with both. (4) If any person who has been convicted for an offence punishable under any of the provisions of this Act or the regulations is again convicted for an offence committed within two year of the previous conviction and involving a contravention of the same provision, he shall be punishable for each subsequent conviction with double the imprisonment to which he would have been liable for the first contravention of such provision. **15. Determination of the persons responsible for the offence in certain cases.—If the person** committing an offence made punishable by this Act or the regulations or any abetment thereof is a firm or other association of individuals or a company or a local authority, all or any of the partners or members or directors thereof as well as the firm, association of individuals, company or local authority shall be deemed to be guilty of the offence or abetment and shall be liable to be proceeded against and punished accordingly: Provided that where a firm, association or company has given notices in writing to the Chief Inspector and the Inspector of the port where any dock work is being carried that it has nominated,— (a) in the case of a firm, any of its partners; (b) in the case of an association, any of its members; (c) in the case of a company, any of its directors, who is resident, in each case in any place to which this Act extends and who is in each case either in fact in charge of the management of, or holds the largest number of shares in, such firm, association or company, to assume the responsibility of the person in charge of any dock work for the purposes of this Act, such partner, member or director, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the person in charge of such dock work for the purposes of this Act unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member or director, as the case may be, is received by the Chief Inspector. **16. Power of court to make orders.—(1) Where a person is convicted of an offence punishable** under this Act the court may, in addition to awarding him any punishment, by order in writing, require him within a period specified in the order (which may be extended by the court from time to time on application made in this behalf) to take such measures as may be so specified for remedying the matters in respect of which offence was committed. (2) Where an order is made under sub-section (1), the person shall not be liable under this Act in respect of the continuance of the offence during the period, or extended period, if any, but if on the expiry of such period or extended period the order of the court has not been fully complied with, the person shall be deemed to have committed a further offence and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or with both. **17. Provisions relating to jurisdiction.—(1) No court inferior to that of a metropolitan magistrate or** a magistrate of the first class shall try any offence under this Act or the regulations. (2) No prosecution for any offence under this Act or the regulations shall be instituted except by or with the previous sanction of an Inspector. 6 ----- (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court shall take cognizance of an offence under this Act or the regulations unless complaint thereof has been made— (a) in the case of an offence punishable with fine,— (i) within six months from the date of the offence; or (ii) where the commission of the offence was not known to the Inspector, within six months from the first day on which the offence comes to the knowledge of the Inspector; or (iii) where it is not known by whom the offence was committed, within six months from the first day on which the identity of the offender is known to the Inspector; or (b) in the case of an offence punishable with imprisonment,— (i) within one year from the date of the offence; or (ii) where the commission of the offence was not known to the Inspector, within one year from the first day on which the offence comes to the knowledge of the Inspector; or (iii) where it is not known by whom the offence was committed, within six months from the first day on which the identity of the offender is known to the Inspector. _Explanation.—For the purposes of this section, in the case of a continuing offence a fresh period of_ limitation shall begin to run at every movement of the time during which the offence continues. **18. Provision regarding fine.—Notwithstanding anything contained in section 29 of the Code of** Criminal Procedure, 1973 (2 of 1974), it shall be lawful for a metropolitan magistrate or a magistrate of the first class to pass a sentence of fine exceeding five thousand rupees authorised by this Act or the regulations on any person convicted of any offence thereunder. **19. General provision for punishment for other offences.—Any person who contravenes any** provision of this Act shall, if no other penalty is provided for such contravention under this Act, be punishable with fine which may extend to five hundred rupees. **20. Power to make rules.—The appropriate Government may, by notification in the Official Gazette,** make rules consistent with this Act for all or any of the following purposes, namely:— (a) the manner in which an Inspector is to exercise the powers conferred upon him under this Act; (b) the inspection of premises of ships where any dock work is carried on; (c) the manner of services of orders made under this Act; (d) the term of office and other conditions of service of members of the Advisory Committee, the manner of filling vacancies among, and the procedure to be followed in, the discharge of their functions under sub-section (5) of section 9; (e) the procedure at inquiries under section 10; and (f) any other matter which is to be provided for by rules under this Act. **21. Power to make regulations.—(1) The appropriate Government may, by notification in the** Official Gazette, make regulations consistent with this Act for providing for the safety, health and welfare of dock workers. (2) Such regulations may provide for all or any of the following purposes, namely:— (a) providing for the general requirement relating to the construction, equipping and maintenance for the safety of working places on shore, ship, dock, structure and other places at which any dock work is carried on; (b) providing for the safety of any regular approaches over a dock, wharf, quay or other places which dock workers have to use for going for work and for fencing of such places and projects; 7 ----- (c) providing for the efficient lighting of all areas of dock, ship, any other vessel, dock structure or working places where any dock work is carried on and of all approaches to such places to which dock workers are required to go in the course of their employment; (d) providing and maintaining adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed; (e) providing for the fire and explosion prevention and protection; (f) providing for safe means of access to ships, holds, stagings, equipment, lifting appliances and other working places; (g) providing for the safety of workers engaged in the opening and closing of hatches, protection of ways and other openings in the docks which may be dangerous to them; (h) providing for the safely of workers on docks from the risk of falling overboard being struck by cargo during loading or unloading operations; (i) providing for the construction, maintenance and use of lifting and other cargo handling appliances and services, such as, pallets containing or supporting loads and provision of safety appliances on them, if necessary; (j) providing for the safety of workers employed in freight container terminals or other terminals for handling unitised cargo; (k) providing for the fencing of machinery, live electrical conductors, steam pipes and hazardous openings; (l) providing for the construction, maintenance and use of staging; (m) providing for the rigging and use of ship’s derricks; (n) providing for the testing, examination, inspection and certification as appropriate of loose gears including chains and ropes and of slings and other lifting devices used in the dock work; (o) providing for the precautions to be taken to facilitate escape of workers when employed in a hold, bin, hopper or the like or between decks of a hold while handling coal or other bulk cargo; (p) providing for the measures to be taken in order to prevent dangerous methods of working in the stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith; (q) providing for the handling of dangerous substances and working in dangerous or harmful environments and the precautions to be taken in connection with such handling; (r) providing for the work in connection with cleaning, chipping, painting operations and precautions to be taken in connection with such work; (s) providing for the employment of persons for handling cargo, handling appliances, power operated hatch covers or other power operated ship’s equipment, such as, door in the hull of a ship, ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery; (t) providing for the transport of dock workers; (u) providing for the precautions to be taken to protect dock workers against harmful effects of excessive noise, vibrations and air pollution at the work place; (v) providing for protective equipment or protective clothing; (w) providing for the sanitary, washing and welfare facilities; (x) providing for— (i) the medical supervision; (ii) the ambulance rooms, first aid and rescue facilities and arrangements for the removal of dock workers to the nearest place of treatment; 8 ----- (iii) the safety and health organisation; and (iv) the training of dock workers and for the obligations and rights of the dock workers for their safety and health at the work place; (y) providing for the investigation of occupational accidents, dangerous occurrences and diseases, specifying such diseases and the forms of notices, the persons and authorities to whom, they are to be furnished, the particulars to be contained in them and the time within which they are to be submitted; and (z) providing for the submission of statement of accidents, man-days lost, volume of cargo handled and particulars of dock workers. (3) The regulations made under this section may,— (a) provide for the circumstances in which and the conditions subject to which, exemptions from any of the regulations made under this section may be given specifying the authorities who may grant such exemptions and regulating their procedure; and (b) make special provision to meet the special requirement of any particular port or ports. (4) In making a regulation under this section the appropriate Government may direct that a breach thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, if the breach is continued after conviction, with a further fine which may extend to one hundred rupees for each day on which the breach is so continued. **22. General provision relating to rules and regulations.—(1) The power to make rules and** regulations conferred by sections 20 and 21 is subject to the condition of the rules and regulations being made after previous publications. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897) as that after which a draft of rules or regulations proposed to be made will be taken under consideration, shall not be less than forty-five days from the date on which the draft of the proposed rules or regulations is published for general information. (3) Every rule and every regulation made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or 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, as the case may be. (4) Every rule and every regulation, made under this Act by a State Government shall be laid, as soon as may be after it is made, before the State Legislature. **23. Amendment of Act 9 of 1948.—In the Dock Workers (Regulation of Employment) Act, 1948, in** section 3, in sub-section (2),— (a) in clause (g), the words “and welfare” shall be omitted: (b) clause (h) shall be omitted. **24. Repeal.—The Indian Dock Labourers Act, 1934 (19 of 1934), is hereby repealed.** **25. Savings.—The Indian Dock Labourers Regulations, 1948 made under section 5 of the Indian** Dock Labourers Act, 1934 (19 of 1934) so repealed and the Dock Workers (Safety, Health and Welfare) Scheme 1961 made under section 4 of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948) shall be deemed to be regulation framed under this Act and shall be in force unless they are altered or repealed under this Act. 9 -----

23-Dec-1986

58

The Delhi Apartment Ownership Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1805/1/198658.pdf

central

# THE DELHI APARTMENT OWNERSHIP ACT, 1986 _________ # ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Application. 3. Definitions. CHAPTER II OWNERSHIP, HERITABILITY AND TRASFERABILITY OF APARTMENTS 4. Ownership of apartments. 5. Apartment to be heritable and transferable. 6. Ownership of apartment subject to conditions. 7. Compliance with the covenants and bye-laws. 8. Right of re-entry. 9. Purchasers or persons taking lease of apartments from apartment owners to execute an undertaking. 10. Benamidar of the apartment to be deemed to be the real owner. 11. Certain works prohibited. 12. Encumbrances against apartments. CHAPTER III DEED OF APARTMENT AND ITS REGISTRATION 13. Contents of Deed of Apartment. 14. Registration of Deed of Apartment. CHAPTER IV ASSOCIATION OF APARTMENT OWNERS AND BYE-LAWS FOR THE REGULATION OF THE AFFAIRS OF SUCH ASSOCIATION 15. Association of Apartment Owners and bye-laws relating thereto. 16. Insurance. 17. Disposition of property, destruction or damage. 18. Action. CHAPTER V COMMON PROFITS, COMMON EXPENSES AND OTHER MATTERS 19. Common profits, common expenses and other matters. 20. Apartment owner not to be exempt from liability for contribution by waiver of the use of the common areas and facilities. 1 ----- SECTIONS 21. Common expenses to be a charge on the apartment. 22. Separate assessments. 23. Joint and several liability of vendor, etc., for unpaid common expenses. CHAPTER VI MISCELLANEOUS 24. Act to be binding on apartment owners, tenants, etc. 25. Power to exempt stamp duty, registration fee and court fees and power to refund. 26. Removal of doubts. 27. Power to make rules. 2 ----- # THE DELHI APARTMENT OWNERSHIP ACT, 1986 ACT NO. 58 OF 1986 [23rd December, 1986.] An Act to provide for the ownership of an individual apartment in a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto. WHEREAS with a view to securing that the ownership and control of the material resources of the community are so distributed as to sub-serve the common good, it is expedient to provide for the ownership of an individual apartment in a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment, and to make such apartment and interest heritable and transferable and to provide for matters connected therewith or incidental thereto; BE it enacted by Parliament in the Thirty-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 Delhi Apartment** Ownership Act, 1986. (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 in the Official Gazette, appoint. **2. Application.—The provisions of this Act shall apply to every apartment in a multi-storeyed** building which was constructed mainly for residential or commercial or such other purposes as may be prescribed, by— (a) any group housing co-operative society; or (b) any other person or authority, before or after the commencement of this Act and on a free hold land, or a lease hold land, if the lease for such land is for a period of thirty years or more: Provided that, where a building constructed, whether before or after the commencement of this Act, on any land contains only two or three apartments, the owner of such building may, by a declaration duly executed and registered under the provisions of the Registration Act, 1908 (16 of 1908), indicate his intention to make the provisions of this Act applicable to such building, and on such declaration being made, such owner shall execute and register a Deed of Apartment in accordance with the provisions of this Act, as if such owner were the promoter in relation to such building. **3. 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) “allottee”, in relation to an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter; (c) “apartment” means a part of any property, intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a multi-storeyed building to be used for residence or office or for the practice of any profession, or for the carrying on of any occupation, trade or business or for such other type of independent use as may be prescribed, and with a direct exit to a public street, road or highway, or to a common area leading to such street, road or highway, and includes any garage or room (whether or not adjacent to the multi-storeyed building in which such apartment is located) provided by the promoter for use by the 3 ----- owner of such apartment for parking any vehicle or, as the case may be, for the residence of any domestic aide employed in such apartment; (d) “apartment number” means the number, letter or combination thereof, designating an apartment; (e) “apartment owner” means the person or persons owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment; (f) “Association of Apartment Owners”,— (i) in relation to a multi-storeyed building not falling within sub-clause (ii), means all the owners of the apartments therein; (ii) in the case of the multi-storeyed buildings in any area, designated as a block, pocket or otherwise, means all the owners of the apartments in such block, pocket or other designated area, acting as a group in accordance with the bye-laws; (g) “authority” includes any authority constituted or established by or under any law for the time being in force; (h) “Board” means the Board of Management of an Association of Apartment Owners elected by its members under the bye-laws; (i) “bye-laws” means the bye-laws made under this Act; (j) “common areas and facilities”, in relation to a multi-storeyed building, means— (i) the land on which such building is located and all easements, rights and appurtenances belonging to the land and the building; (ii) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire-escapes and entrances and exits of the building; (iii) the basements, cellars, yards, gardens, parking areas, shopping centers, schools and storage spaces; (iv) the premises for the lodging of janitors or persons employed for the management of the property; (v) installations of central services, such as, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating and sewerage; (vi) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; (vii) such other community and commercial facilities as may be prescribed; and (viii) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use; (k) “common expenses” means— (i) all sums lawfully assessed against the apartment owners by the Association of Apartment Owners for meeting the expenses of administration, maintenance, repair or replacement of the common areas and facilities; (ii) expenses declared as common expenses by the provisions of this Act or by the bye-laws, or agreed upon by the Association of Apartment Owners; (l) “common profits” means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses; (m) “competent authority” means,— (i) a Secretary in the Delhi Administration, or 4 ----- (ii) the Vice-Chairman of the Delhi Development Authority, or (iii) the Land and Development Officer of the Central Government, who may be authorised by the Administrator, by notification in the Official Gazette, to perform the functions of the competent authority under this Act; (n) “Deed of Apartment” means the Deed of Apartment referred to in section 13; (o) “Delhi” means the Union territory of Delhi; (p) “joint family” means a Hindu undivided family, and in the case of other persons, a group or unit, the members of which are by custom, joint in possession or residence; (q) “limited common areas and facilities” means those common areas and facilities which are designated in writing by the promoter before the allotment, sale or other transfer of any apartment as reserved for use of certain apartment or apartments to the exclusion of the other apartments; (r) “Manager” means the Manager of an Association of Apartment Owners appointed under the bye-laws; (s) “multi-storeyed building” means a building constructed on any land, containing four or more apartments, or two or more buildings in any area designated as a block, pocket or otherwise, each containing two or more apartments, with a total of four or more apartments in all such buildings, and includes a building containing two or three apartments in respect of which a declaration has been made under the proviso to section 2; (t) “owner”, in relation to an apartment, includes, for the purposes of this Act, a lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more; (u) “person” includes a firm and a joint family, and also includes a group housing co-operative society; (v) “prescribed” means prescribed by rules made under this Act; (w) “promoter” means the authority, person or co-operative society, as the case may be, by which, or by whom, any multi-storeyed building has been constructed; (x) “property” means the land, the multi-storeyed building, all improvement and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. CHAPTER II OWNERSHIP, HERITABILITY AND TRASFERABILITY OF APARTMENTS **4. Ownership of apartments.—(1) Every person to whom any apartment is allotted, sold or** otherwise transferred by the promoter, on or after the commencement of this Act, shall, save as otherwise provided in section 6, and subject to the other provisions of this Act, be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. (2) Every person to whom any apartment was allotted, sold or otherwise transferred by the promoter before the commencement of this Act shall, save as otherwise provided under section 6 and subject to the other provisions of this Act, be entitled, on and from such commencement, to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. (3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section (1) or sub-section (2) shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the Deed of Apartment and such percentage shall be computed by taking, as a basis, the value of the apartment in relation to the value of the property. (4) (a) The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character, and shall not be altered without the written consent of all the apartment owners. 5 ----- (b) The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument. (5) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, and any covenant to the contrary shall be void. (6) Each apartment owner may use the common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. (7) The necessary work relating to maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto, shall be carried out only in accordance with the provisions of this Act and the bye-laws. (8) The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Board or Manager, to have access to each apartment from time to time during reasonable hours for the maintenance, repairs or replacement of any of the common areas or facilities therein, or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to any other apartment or apartments. **5. Apartment to be heritable and transferable.—Subject to the provisions of section 6, each** apartment, together with the undivided interest in the common areas and facilities appurtenant to such apartment, shall, for all purposes constitute as a heritable and transferable immovable property within the meaning of any law for the time being in force, and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedy and to penalty, forfeiture or punishment as any other immovable property or make a bequest of the same under the law applicable to the transfer and succession of immovable property: Provided that where the allotment, sale or other transfer of any apartment has been made by any group housing co-operative society in favour of any member thereof, the transferability of such apartment and all other matters shall be regulated by the law applicable to such group housing co-operative society. **6. Ownership of apartment subject to conditions.—Where any allotment, sale or other transfer of** any apartment has been made, whether before or after the commencement of this Act, in pursuance of any promise of payment, or part payment, of the consideration thereof, the allottee or transferee, as the case may be, shall not become entitled to the ownership and possession of that apartment on to a percentage of undivided interest in the common areas and facilities apurtenant to such apartment, until full payment has been made of the consideration thereof together with interest, if any due thereon, and where any such allottee or transferee has been inducted into the possession of such apartment or any part thereof in pursuance of such allotment or transfer, he shall, until the full payment of the consideration has been made, continue to remain in possession thereof on the same terms and conditions on which he was so inducted into possession of such apartment of part thereof. **7. Compliance with the covenants and bye-laws.—Each apartment owner shall comply strictly with** the bye-laws and with the covenants, conditions and restrictions set forth in the Deed of Apartment, and failure to comply with any of them shall be a ground for action to recover sums due for damages, or for injunctive relief, or both, by the Manager or Board on behalf of the Association of Apartment Owners, or, in a proper case, by an aggrieved apartment owner. **8. Right of re-entry.—(1) Where any land is given on lease by a person (hereafter in this section** referred to as the lessor) to another person (hereafter in this section referred to as the lessee, which term shall include a person in whose favour a sub-lease of such land has been granted), and any multi-storeyed 6 ----- building has been constructed on such lease-hold land by the lessee or by any other person authorised by him or claiming through him, such lessee shall grant in respect of the land as many sub-leases as there are apartments in such multi-storeyed building and shall execute separate deeds of sub-lease in respect of such land in favour of each apartment owner,— (a) in the case of a multi-storeyed building constructed before the commencement of this Act, within three months from such commencement, or (b) in the case of a multi-storeyed building constructed after the commencement of this Act, within three months from the date on which the possession of any apartment in such multi-storeyed building is delivered to him: Provident that no sub-lease in respect of any land shall be granted except on the same terms and conditions on which the lease in respect of the land has been granted by the lessor and no additional terms and conditions shall be imposed by the lessee except with the previous approval of the lessor. (2) Where the lessee has any reason to suspect that there had been any breach of the terms and conditions of the sub-lease referred to in sub-section (1), he may himself inspect the land on which the multi-storeyed building containing the concerned apartment has been constructed, or may authorise one or more persons to inspect such land and make a report as to whether there had been any breach of the terms and conditions of any sub-lease in respect of such land and, if so, the nature and extent of such breach, and for this purpose, it shall be lawful for the lessee or any person authorised by him to enter into, and to be in, the land in relation to which such breach has been or is suspected to have been committed. (3) Where the lessee or any person authorised by him makes an inspection of the land referred to in sub-section (1), he shall record in writing his findings on such inspection [a true copy of which shall be furnished to the apartment owner by whom such breach of the terms and conditions of sub-lease in respect of the land appurtenant to the apartment owned by him has been committed (hereinafter referred to as the defaulting apartment owner)] and where such findings indicate that there has been any breach of the terms and conditions of the sub-lease in respect of such land, the lessee may, by a notice in writing, require the defaulting apartment owner to refrain from committing any breach of the terms and conditions of the sub-lease in respect of such land, or to pay in lieu thereof such composition fees as may be specified in the notice in accordance with such scales of composition fees as may be prescribed. (4) The defaulting apartment owner who is aggrieved by any notice served on him by the lessee under sub-section (3) may, within thirty days from the date of service of such notice, prefer an appeal to the Court of the District Judge having jurisdiction (hereinafter referred to as the District Court), either challenging the finding of the lessee or any person authorised by him or disputing the amount of composition fees as specified in the notice, and the District Court may, after giving the parties a reasonable opportunity of being heard, confirm, alter or reverse those findings or may confirm, reduce or increase the amount of composition fees or set aside the notice. (5) Where, on the breach of any terms and conditions of any sub-lease in respect of any land, any composition fees become payable, the defaulting apartment owner shall be deemed to have been guilty of such breach and in default of payment thereof it shall be lawful for the lessee to recover the amount of the composition fees from the defaulting apartment owner as an arrear of land revenue. (6) Where any composition fees are paid whether in pursuance of the notice served under sub-section (3) or in accordance with the decision of the District Court or a higher court on appeal, no further action shall be taken by the lessee for the breach of the terms and conditions of the sub-lease in respect of the land in relation to which payment of such composition fees has been made. (7) If the defaulting apartment owner omits or fails to refrain from committing any breach of the terms and conditions of the sub-lease in respect of the land or, as the case may be, omits or fails to pay the composition fees in lieu thereof— (i) in accordance with the notice issued by the lessee under sub-section (3), or (ii) where the findings of the lessee or the person authorised to inspect the land about any breach of the terms and conditions of any sub-lease in respect of the land or the amount of composition fees 7 ----- specified in the notice issued by the lessee are altered by the District Court on appeal or by any higher court on further appeal, in accordance with the decision of the District Court or such higher court, as the case may be, the lessee shall be entitled,— (a) where no appeal has been preferred under sub-section (4), within sixty days from the date of service of the notice under sub-section (3), or (b) where an appeal has been preferred under sub-section (4), within sixty days from the date on which the appeal is finally disposed of by the District Court or, where any further appeal is preferred to a higher court, by such higher court, to exercise the right of re-entry in respect of the undivided interest of the lessee in the land appurtenant to the apartment owned by the defaulting apartment owner, and where such right of re-entry cannot be exercised except by the ejectment of the defaulting apartment owner from his apartment, such right of re-entry shall include a right to eject the defaulting apartment owner from the concerned apartment: Provided that no such ejectment shall be made unless the defaulting apartment owner has been paid by the lessee such amount as compensation for such ejectment as may be determined in accordance with the prescribed scales of compensation. (8) No appeal preferred under sub-section (4) shall be admitted, unless twenty-five per cent. of the composition fees specified in the notice served on the defaulting apartment owner has been deposited to the credit of the District Court in savings bank account to be opened by the District Court in any branch of an approved bank: Provided that the District Court may, on sufficient cause being shown, either remit or reduce the amount of such deposit, and the interest accruing on such deposit, shall enure to the credit of defaulting apartment owner by whom such deposit has been made: Provided further that the amount of such deposit together with the interest due thereon shall be distributed by the District Court in accordance with the decision in such appeal, or where any further appeal has been preferred against such decision, in accordance with the decision in such further appeal. (9) The defaulting apartment owner, who is aggrieved by the amount offered to be paid to him under the proviso to sub-section (7) as compensation for ejectment from his apartment may, within thirty days from the date of such offer, prefer an appeal to the District Court and the District Court may, after giving the parties a reasonable opportunity of being heard, maintain increase or reduce the amount of compensation. (10) On the ejectment of the defaulting apartment owner from the apartment under sub-section (7), the lessee by whom such ejectment has been made may a fresh allotment of the concerned apartment to any other person on such terms and conditions as he may think fit: Provided that the consideration for such fresh allotment shall not be more than the amount which has been paid to the defaulting apartment owner as compensation. (11) Where any lessee omits or fails to take any action either in accordance with the provisions of sub-section (2) or sub-section (3) or sub-section (7), the lessor may, in the first instance, require the lessee by a notice in writing to take action against the defaulting apartment owner under sub-section (2) or sub-section (3) or, as the case may be, under sub-section (7), within a period of ninety days from the date of service of such notice, and in the event of the omission or failure of the lessee to do so within such period, the lessor may himself take action as contained in sub-section (2) or sub-section (3) or sub-section (7), and the provisions of sub-section (4) to sub-section (6) and sub-section (8) to sub-section (10), shall, as far as may be, apply to any action taken by him as if such action had been taken by the lessee. (12) For the removal of doubts, it is hereby declared that no work in any apartment by the owner thereof shall be deemed to be a breach of the terms of the sub-lease in respect of the land on which the multi-storeyed building containing such apartment has been constructed unless the work is prohibited by section 11. 8 ----- _Explanation.—In this section, “approved bank” means 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 corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980). **9. Purchasers or persons taking lease of apartments from apartment owners to execute an** **undertaking.—Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of 1882), or** in any other law for the time being in the force, any person acquiring any apartment from any apartment owner by gift, exchange, purchase or otherwise, or taking lease of an apartment from an apartment owner for a period of thirty years or more, shall,— (a) in respect of the said apartment, be subject to the provisions of this Act; and (b) execute and register an instrument in such form, in such manner and within such period as may be prescribed giving an undertaking to comply with the covenants, conditions and restrictions, subject to which such apartment is owned by the apartment owner aforesaid. **10. Benamidar of the apartment to be deemed to be the real owner.—If any apartment is acquired** by any person, whether by allotment, sale or otherwise with the consideration thereof paid or provided by another person, the acquirer shall, notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of 1882), or in the Indian Trusts Act, 1882 (2 of 1882) or in any other law for the time being in force, be deemed to be the real owner of such apartment, and no court shall entertain any claim of the person paying or providing such consideration for title to such apartment on the ground that the acquisition of the apartment was made on behalf of such person or on behalf of someone through whom such person claims. **11. Certain works prohibited.—No apartment owner shall do any work which would be prejudicial** to the soundness or safety of the property or reduce the value thereof or impair any easement or hereditament or shall add any material structure or excavate any additional basement or cellar without first obtaining the consent of all the other apartment owners. _Explanation.—In this section, reference to apartment owners shall be construed, in relation to a_ multi-storeyed building in any block, pocket or other designated area, the apartment owners of the concerned multi-storeyed building in such block, pocket or other designated area. **12. Encumbrances against apartments.—(1) The owner of each apartment may create any** encumbrance, only against the apartment owned by him and the percentage of the undivided interest in the common areas and facilities appurtenant to such apartment in the same manner and to the same extent as may be created in relation to any other separate parcel of property subject to individual ownership: Provided that where any such encumbrance is created, the apartment in relation to which such encumbrance has been created shall not be partitioned or sub-divided. (2) No labour performed or material furnished with the consent, or at the request, of an apartment owner or his agent or his contractor or sub-contractor, shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882 (4 of 1882), against the apartment or property of any other apartment owner not expressly consenting to, or requesting the same, except that such express consent shall be deemed to be given by the other apartment owner in the case of emergency repairs thereto. (3) The labour performed and material furnished for the common areas and facilities, if duly authorised by the Association of Apartment Owners in accordance with the provisions of this Act or the bye-laws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apartments and shall be subject to the provisions of sub-section (4). (4) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the percentage of 9 ----- undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance on payment of the fractional or proportional amounts attributable to each of the apartments affected and on such payment, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free of the charge or encumbrance so removed: Provided that such partial payment shall not prevent the person having a charge or any of the encumbrances from proceeding to enforce the rights in relation to the amount not so paid, against any other apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment. (5) On any such payment, discharge on other satisfaction, referred to in sub-section (4), the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the charge or encumbrance, so paid, satisfied or discharged. CHAPTER III DEED OF APARTMENT AND ITS REGISTRATION **13. Contents of Deed of Apartment.—(1) Whenever any allotment, sale or other transfer of any** apartment is made, the promoter shall,— (a) in the case of an allotment, sale or other transfer made after the commencement of this Act, within three months from the date of such allotment, sale or other transfer, or (b) in the case of any allotment, sale or other transfer made before the commencement of this Act, within six months from the date of such commencement, execute a Deed of Apartment containing the following particulars, namely:— (i) the name of the allottee, (ii) description of the land on which the building and the common areas and facilities are located, and whether the land is free-hold or lease-hold, and if lease-hold, the period of such lease, (iii) a set of floor plans of the multi-storeyed building showing the lay-out and location, number of apartments and bearing a verified statement of an architect certifying that it is an accurate copy of the portions of the plans of the building as filed with, and approved by, the local authority within the jurisdiction of which the building is located, (iv) description of the multi-storeyed building, stating the number of storeys and basements, the number of apartments in that building and the principal materials of which it is constructed, (v) the apartment number, or statement of the location of the apartment, its approximate area, number and dimension of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification, (vi) description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities, (vii) description of the limited common areas and facilities, if any, stating to which apartments their use is reserved, (viii) value of the property and of each apartment, and a statement that the apartment and such percentage of undivided interest are not encumbered in any number whatsoever on the date of execution of the Deed of Apartment, (ix) statement of the purposes for which the building and each of the apartments are intended and restricted as to use, (x) the name of the person to receive service of process, together with the particulars of the residence or place of business of such person, (xi) provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or any part of the property: 10 ----- Provided that the competent authority may, if it is satisfied that the promoter was prevented by sufficient cause from executing the Deed of Apartment in relation to any apartment within the period of three months, or six months as the case may be, permit the promoter to execute such Deed of Apartment within such further period, not exceeding six months, as it may specify. (2) The promoter shall— (a) file in the office of the competent authority; and (b) deliver to the concerned allottee or transferee, as the case may be, a certified copy of each Deed of Apartment as registered under section 14. (3) Whenever may transfer of any apartment is made by the owner thereof, whether by sale, lease, mortgage, exchange, gift or otherwise, the transferor shall deliver to the transferee the certified copy of the Deed of Apartment delivered to him under sub-section (2) after making an endorsement thereon as to the name, address and other particulars of the transferee, to enable the transferee to get the endorsement on the certified copy of the Deed of Apartment registered in accordance with the provisions of section 14. (4) Whenever any succession takes place to any apartment or part thereof, the successor shall, within a period of six months from the date of such succession, make an application to the competent authority for recording such succession on the certified copy of the Deed of Apartment in relation to the concerned apartment, and, if there is any dispute as to the succession to the apartment, the competent authority shall decide be same, and for this purpose, such authority shall have the powers of a civil court, while trying a suit, and its decision shall have effect of a decree and shall be appealable as if it were a decree passed by the principal civil court of original jurisdiction. (5) Whenever any succession to an apartment has been recorded by the competent authority under sub-section (4), such authority shall send a true copy of such record, to the concerned Registrar for registration thereof in accordance with the provisions of section 14. (6) For the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to and not in derogation of, the provisions of any other law, for the time being in force, relating to the transfer of immovable property. **14. Registration of Deed of Apartment.—(1) Every Deed of Apartment and every endorsement** thereon relating to the transfer of the apartment shall be deemed to be a document which is compulsorily registrable under the Registration Act, 1908 (16 of 1908) and shall be registered with the Registrar accordingly, and the words and expressions used in this section but not defined in this Act, shall have the meanings respectively assigned to them in the Registration Act, 1908. (2) In all registration offices, a book called “Register of Deeds or Apartments under the Delhi Apartment Ownership Act, 1986” and an index relating thereto shall be kept in such form and shall contain such particulars as may be prescribed. (3) Whenever any endorsement on a Deed of Apartment is registered, the concerned Registrar shall forward a certified copy thereof to the competent authority to enable that authority to make necessary entries in the certified copy of the concerned Deed of Apartment filed with it under sub-section (2) of section 13. (4) Any person acquiring any apartment shall be deemed to have notice of the contents of the Deed of Apartment and the endorsement, if any, thereon as from the date of its registration under this section. CHAPTER IV ASSOCIATION OF APARTMENT OWNERS AND BYE-LAWS FOR THE REGULATION OF THE AFFAIRS OF SUCH ASSOCIATION **15. Association of Apartment Owners and bye-laws relating thereto.—(1) There shall be an** Association of Apartment Owners for the administration of the affairs in relation to the apartments and the property appertaining thereto and for the management of common areas and facilities: 11 ----- Provided that where any area has been demarcated for the construction of multi-storeyed buildings, whether such area is called a block or pocket or by any other name, there shall be a single Association of Apartment Owners in such demarcated area. (2) The Administrator may, by notification in the Official Gazette, frame model bye-laws in accordance with which the property referred to in sub-section (1) shall be administered by the Association of Apartment Owners and every such Association shall, at its first meeting, make its bye-laws in accordance with the model bye-laws so framed, and in making its bye-laws the Association of Apartment Owners shall not make any departure from, variation of, addition to, or omission from, the model bye-laws aforesaid except with the prior approval of the Administrator and no such approval shall be given if, in the opinion of the Administrator, such departure, variation, addition or omission will have the effect of altering the basic structure of the model bye-laws framed by him. (3) The model bye-laws framed under sub-section (2) shall provide for the following, among other matters, namely:— (a) the manner in which the Association of Apartment Owners is to be formed; (b) the election, from among apartment owners, of a Board of Management by the members of the Association of Apartment Owners; (c) the number of apartment owners constituting the Board, the composition of the Board and that one-third of members of the Board shall retire annually; (d) the powers and duties of the Board; (e) the honorarium, if any, of the members of the Board; (f) the method of removal from office of the members of the Board; (g) the powers of the Board to engage the service of a Manager; (h) delegation of powers and duties of the Board to such Manager; (i) method of calling meetings of the Association of Apartment Owners and the number of members of such Association who shall constitute a quorum for such meetings; (j) election of a President of the Association of Apartment Owners from among the apartment owners, who, shall preside over the meetings of the Board and of the Association of Apartment Owners; (k) election of a Secretary to the Association of Apartment Owners from among the apartment owners, who shall be an ex officio member of the Board and shall keep two separate minutes books, one for the Association of Apartment Owners and the other for the Board, pages of each of which shall be consecutively numbered and authenticated by the President of the Association of Apartment Owners, and shall record, in the respective minutes books, the resolutions adopted by the Association of Apartment Owners or the Board, as the case may be; (l) election of a Treasurer from among the apartment owners, who shall keep the financial records of the Association of Apartment Owners as also of the Board; (m) maintenance, repair and replacement of the common areas and facilities and payment therefor; (n) manner of collecting from the apartment owners or any other occupant of apartments, share of the common expenses; (o) resignation and removal of persons employed for the maintenance, repair and replacement of the common areas and facilities; (p) restrictions with regard to the use and maintenance of the apartments and the use of the common areas and facilities, as may be necessary to prevent unreasonable interference in the use of each apartment and of the common areas and facilities by the several apartment owners; 12 ----- (q) any matter which may be required by the Administrator to be provided for in the bye-laws for the proper or better administration of the property; (r) such other matters as are required to be, or may be, provided for in the bye-laws. (4) The bye-laws framed under sub-section (2) may also contain provisions, not inconsistent with this Act,— (a) enabling the Board to retain certain areas of the building for commercial purposes and to grant lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the common expenses for maintaining the building, common areas and facilities, and if any surplus is left after meeting such expenses, to distribute such surplus to the apartment owners as income; (b) relating to the audit of the accounts of the Association of Apartment Owners and of the Board, and of the administration of the property; (c) specifying the times at which and the manner in which annual general meetings and special general meetings of the Association of Apartment Owners shall be held and conducted; (d) specifying the time at which and the manner in which, the annual report relating to the activities of the Association of Apartment Owners shall be submitted; (e) specifying the manner in which the income derived and expenditure incurred by the Association of Apartment Owners shall be dealt with, or as the case may be, accounted for. **16. Insurance.—(1) The Board or Manager—** (a) shall have, if requested so to do by a mortgagee having a first mortgage covering an apartment, the authority to, and (b) shall, if required so to do by the bye-laws or by a majority of the apartment owners, obtain insurance for the property against loss or damage by fire or other hazards under such terms and for such amounts as shall be so requested or required. (2) Such insurance coverage shall be written on the property in the name of such Board or Manager as trustee for each of the apartment owners in the percentages specified in the bye-laws. (3) The premia payable in respect of every such insurance shall be common expenses. (4) The provisions of sub-sections (1) to (3) shall be without prejudice to the right of each of the apartment owner to insure his own apartment for his benefit. **17. Disposition of property, destruction or damage.—If within sixty days of the date of damage or** destruction to all, or part of any property, or within such further time as the competent authority may, having regard to the circumstances of the case, allow, the Association of Apartment Owners does not determine to repair, reconstruct or re-build such property, then, and in that event,— (a) the property shall be deemed to be owned in common by the apartment owners; (b) the undivided interest in the property owned in common, which shall appertain to each apartment owner, shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities; (c) any incumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the apartment owner in the property; (d) the property shall be subject to an action for partition at the suit of any apartment owner in which event, the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided amongst all the apartment owners in the percentage equal to the percentage of undivided interest owned by each apartment owner in the property after paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner. 13 ----- **18. Action.—(1) Without prejudice to the rights of any apartment owner, action may be brought by** the Board of Manager, in either case in the discretion of the Board on behalf of two or more of the apartment owners as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one apartment. (2) The service of process on two or more apartment owners in any action relating to the common areas and facilities or more than one apartment may be made on the person, designated in the bye-laws to receive service of process. CHAPTER V COMMON PROFITS, COMMON EXPENSES AND OTHER MATTERS **19. Common profits, common expenses and other matters.—(1) The common profits of the** property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest of the apartment owners in the common areas and facilities. (2) Where the apartment owner is not in the occupation of the apartment owned by him, the common expenses payable by such apartment owner may be recovered from the person in the occupation of the apartment. **20. Apartment owner not to be exempt from liability for contribution by waiver of the use of the** **common areas and facilities.—No apartment owner may exempt himself from liability for his** contribution towards the common expenses by waiver of the use of enjoyment of any of the common areas and facilities, or by the abandonment of his apartment. **21. Common expenses to be a charge on the apartment.—All sums assessed by the Association of** Apartment Owners, but unpaid for the share of the common expenses chargeable to any apartment, shall constitute a charge on such apartment prior to all other charges except only— (i) the charge, if any, on the apartment for payment of Government and municipal taxes; and (ii) all the sums unpaid on a first mortgage of the apartment. **22. Separate assessments.—(1) Notwithstanding anything to the contrary contained in any law** relating to local authorities, each apartment and its percentage of undivided interest in the common areas and facilities appurtenant to such apartment (including an apartment in respect of which the provisions of this Act were applied under the proviso to section 2) shall be deemed to be separate property for the purpose of assessment of tax on lands and buildings leviable under such law and shall be assessed and taxed accordingly; and for this purpose a local authority shall make suitable regulations to carry out the provisions of this section. (2) Neither the multi-storeyed building nor the property nor the common areas and facilities referred to in sub-section (1), shall be deemed to be separate properties for the purpose of the levy of such taxes. **23. Joint and several liability of vendor, etc., for unpaid common expenses.—(1) Upon the sale,** bequest or other transfer of an apartment, the purchaser of the apartment or the grantee or legatee or the transferee, as the case may be, shall be jointly and severally liable with the vendor or the transferor for all unpaid assessments against the vendor or transferor for his share of the common expenses up to the time of the sale, bequest or other transfer, without prejudice to the right of the purchaser, grantee, legatee or transferee to recover from the vendor or the transferor any amount paid by the purchaser, grantee, legatee or transferee therefor. (2) Any purchaser, grantee, legatee or transferee referred to in sub-section (1) shall be entitled to a statement from the Board or Manager setting forth the amount of the unpaid assessment against the vendor or transferor, as the case may be, and such purchaser, grantee, legatee or transferee shall not be liable for, nor shall the apartment be sold subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such sale, bequest or other transfer, in excess of the amount set forth in the statement. 14 ----- CHAPTER VI MISCELLANEOUS **24. Act to be binding on apartment owners, tenants, etc.—(1) 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 contract, undertaking or other instrument and all apartment owners, tenants of owners, employees of owners and tenants, or any other person who may, in any manner, use the property or any part thereof to which this Act applies, shall be subject to the provisions of this Act and the bye-laws and the rules made thereunder: Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by any allottee or other person in common areas and facilities from any promoter on or before the 28th day of February, 1986. (2) All agreements, divisions and determinations lawfully made by the Association of Apartment Owners in accordance with the provisions of this Act and the bye-laws shall be deemed to be binding on all apartment owners. **25. Power to exempt stamp duty, registration fee and court fees and power to refund.—(1) The** Central Government may, by notification in the Official Gazette, reduce or remit, whether prospectively or retrospectively from a date not earlier than the date of commencement of this Act,— (a) the stamp duty with which, under any law relating to stamp duty for the time being in force, instruments or documents executed by or on behalf of a promoter, apartment owner or Association of Apartment Owners relating to any of the purposes of this Act are respectively chargeable; (b) any fee payable by or on behalf of any promoter, apartment owner or Association of Apartment Owners in relation to instruments or documents referred to in clause (a) under any law relating to registration of documents or to court fees, for the time being in force, and which the Central Government is competent to levy. (2) The Central Government may refund the amount of any duty or fee paid in pursuance of any law referred to in sub-section (1) in such circumstances, to such extent and subject to such terms and conditions, if any, as that Government may, by order, determine. **26. Removal of doubts.—For the removal of doubts, it is hereby declared that the provisions of the** Transfer of Property Act, 1882 (4 of 1882), shall, in so far as they are not inconsistent with the provisions of this Act, apply to the transfer of any apartment, together with its undivided interest in the common areas and facilities appurtenant thereto, made by the owner of such apartment, whether such transfer is made by sale, lease, mortgage, exchange, gift or otherwise, as they apply to the transfer of any immovable property. **27. 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 purposes, other than the purposes specified in section 2, for which any multi-storeyed building may be utilised; (b) the type of independent uses, other than the uses specified in clause (c) of section 3, which may be made of an apartment; (c) the community and commercial facilities which may be included in common areas and facilities under sub-clause (vii) of clause (j) of section 3; (d) the scales of composition fees which may be paid under section 8 for the breach of the terms and conditions of any lease or sub-lease; (e) the scales in accordance with which compensation, to be paid for the ejectment of an apartment owner from his apartment, shall be determined as required by sub-section (7) of section 8; 15 ----- (f) the form and manner in which, and the period within which, an instrument referred to in clause (b) of section 9, shall be executed and registered; (g) the form in which the Register of Deeds of Apartments under the Delhi Apartment Ownership Act, 1986 and the index relating thereto shall be kept and the particulars which such Register shall contain as required by sub-section (2) of section 14; (h) 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. 16 -----

23-Dec-1986

61

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1848/1/A1986-61.pdf

central

# THE CHILD AND ADOLESCENT (PROHIBITION AND REGULATION) ACT, 1986 ________ ARRANGEMENT OF SECTIONS ________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. PART II PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES 3. Prohibition of employment of children in any occupation and process. 3A. Prohibition of employment of adolescents in certain hazardous occupations and processes. 4. Power to amend the Schedule. 5. Technical Advisory Committee. PART III REGULATION OF CONDITIONS OF WORK OF CHILDREN 6. Application of Part. 7. Hours and period of work. 8. Weekly holidays. 9. Notice to Inspector. 10. Disputes as to age. 11. Maintenance of register. 12. Display of notice containing abstract of sections 3 and 14. 13. Health and safety. PART IV MISCELLANEOUS 14. Penalties. 14A. Offences to be Congnizable. 14B. Child and Adolescent Labour Rehabilitation Fund. 14C. Rehabilitation of rescued child or adolescent. 14D. Compounding of offences. 15. Modified application of certain laws in relation to penalties. 16. Procedure relating to offences. 17. Appointment of Inspectors. 17A. District Magistrate to implement the provisions. 17B. Inspection and monitoring. 18. Power to make rules. 19. Rules and notifications to be laid before Parliament or State legislature. 20. Certain other provisions of law not barred. 21. Power to remove difficulties. 22. Repeal and savings. 23 to 26 [Repealed.] THE SCHEDULE. 1 ----- # THE CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT, 1986 ACT NO. 61 OF 1986 [23rd December, 1986.] 1[An Act to prohibit the engagement of children in all occupations and to prohibit the engagement # of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.] BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called [2][the Child and Adolescent** Labour (Prohibition and Regulation) Act, 1986]. (2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall come into force at once, and Part III shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. **2. Definitions.—In this Act, unless the context otherwise requires,—** 4[(ia)]“appropriate Government” means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government; 5[(i) “adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year;] 6[(ii) “child” means a person who has not completed his fourteenth year of age or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), whichever is more;] (iii) “day” means a period of twenty-four hours beginning at mid-night; (iv) “establishment” includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment; (v) “family”, in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual; (vi) “occupier”, in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop; (vii) “port authority” means any authority administering a port; (viii) “prescribed” means prescribed by rules made under section 18; (ix) “week” means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector; 1. Subs. by Act 35 of 2016, s. 2, for the long title (w.e.f. 1-9-2016). 2. Subs. by s. 4, ibid., for “the Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986)” (w.e.f. 1-9-2016). 3. 26th May, 1993, _vide notification No. S.O. 333(E), dated 26th March, 1993,_ _see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 4. Clause (i) renumbered as clause (ia) thereof by Act 35 of 2016, s. 4 (w.e.f. 1-9-2016). 5. Ins. by s. 4, ibid. (w.e.f. 1-9-2016). 6. Subs. by s. 4, ibid., for clause (ii) (w.e.f. 1-9-2016). 2 ----- (x) “workshop” means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of section 67 of the Factories Act, 1948 (63 of 1948), for the time being, apply. PART II PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND PROCESSES **1[3. Prohibition of employment of children in any occupation and process.—(1) No child shall be** employed or permitted to work in any occupation or process. (2) Nothing in sub-section (1) shall apply where the child,— (a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations; (b) works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safety measures, as may be prescribed: Provided that no such work under this clause shall effect the school education of the child. _Explanation.—For the purposes of this section, the expression,_ (a) “family” in relation to a child, means his mother, father,brother, sister and father’s sister and brother and mother’s sister and brother; (b) “family enterprises” means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons; (c) “artist” means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause (b) of sub-section (2).] 2[3A. **Prohibition of employment of adolescents in certain hazardous occupations and** **processes.—No adolescent shall be employed or permitted to work in any of the hazardous occupations or** processes set forth in the Schedule: Provided that the Central Government may, by notification, specify the nature of the non-hazardous work to which an adolescent may be permitted to work under this Act.] **4. Power to amend the Schedule.—The Central Government, after giving by notification in the** Official Gazette, not less than three months’ notice of its intention so to do, may, by like notification, [3][add to, or, omit from, the Schedule any hazardous occupation or process] and thereupon the Schedule shall be deemed to have been amended accordingly. **5.** **[4][Technical Advisory Committee].—(1) The Central Government may, by notification in the** Official Gazette, constitute an advisory committee to be called the [4][Technical Advisory Committee] (hereafter in this section referred to as the Committee) to advise the Central Government for the purpose of addition of occupations and processes to the Schedule. (2) The Committee shall consist of a Chairman and such other members not exceeding ten, as may be appointed by the Central Government. (3) The Committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure. 1. Subs. by Act 35 of 2016, s. 5, for section 3 (w.e.f. 1-9-2016). 2. Ins. by s. 6, ibid. (w.e.f. 1-9-2016). 3. Subs. by s. 7, ibid., for “add any occupation or process to the Schedule” (w.e.f. 1-9-2016). 4. Subs. by s. 8, ibid., for “Child Labour Technical Advisory Committee” (w.e.f. 1-9-2016). 3 ----- (4) The Committee may, if it deems it necessary so to do, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person who is not a member of the Committee. (5) The term of office of, the manner of filling casual vacancies in the office of, and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint any person who is not a member of the Committee as a member of any of its sub-committees shall be such as may be prescribed. PART III REGULATION OF CONDITIONS OF WORK OF [1][ADOLESCENTS] **6. Application of Part.—The provisions of this Part shall apply to an establishment or a class of** establishments in which none of the occupations or processes referred to in [2][section 3A] is carried on. **7. Hours and period of work.—(1) No** [3][adolescent] shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. (2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no [3][adolescent] shall work for more than three hours before he has had an interval for rest for at least one hour. (3) The period of work of a [3][adolescent] shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day. (4) No [3][adolescent] shall be permitted or required to work between 7 p.m. and 8 a.m. (5) No [3][adolescent] shall be required or permitted to work overtime. (6) No [3][adolescent] shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. **8. Weekly holidays.—Every** [4][adolescent] employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. **9. Notice to Inspector.—(1) Every occupier in relation to an establishment in which a** [5][adolescent] was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:— (a) the name and situation of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and (d) the nature of the occupation or process carried on in the establishment. (2) Every occupier, in relation to an establishment, who employs, or permits to work, any [5][adolescent] after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in sub-section (1). 1. Subs. by Act 35 of 2016, s. 9, for “CHILDREN” (w.e.f. 1-9-2016). 2. Subs. by s. 10, ibid., for “section 3” (w.e.f. 1-9-2016). 3. Subs. by s. 11, ibid., for “child” (w.e.f. 1-9-2016). 4. Subs. by s. 12, ibid., for “child” (w.e.f. 1-9-2016). 5. Subs. by s. 13, ibid., for “child” (w.e.f. 1-9-2016). 4 ----- _Explanation.—For the purposes of sub-sections (1) and (2), “date of commencement of this Act, in_ relation to an establishment” means the date of bringing into force of this Act in relation to such establishment. (3) Nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government. **10. Disputes as to age.—If any question arises between an Inspector and an occupier as to the age of** any [1][adolescent] who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such [1][adolescent] granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority. **11. Maintenance of register.—There shall be maintained by every occupier in respect of [2][adolescent]** employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours or when work is being carried on in any such establishment, showing— (a) the name and date of birth of every [3][adolescent] so employed or permitted to work; (b) hours and periods of work of any such [3][adolescent] and the intervals of rest to which he is entitled; (c) the nature of work of any such [3][adolescent]; and (d) such other particulars as may be prescribed. **12. Display of notice containing abstract of [4][sections 3A and 14].—Every railway administration,** every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the English language containing an abstract of [4][sections 3A and 14]. **13. Health and safety.—(1) The appropriate Government may, by notification in the Official Gazette,** make rules for the health and safety of the [5][adolescent] employed or permitted to work in any establishment or class of establishments. (2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:— (a) cleanliness in the place of work and its freedom from nuisance; (b) disposal of wastes and effluents; (c) ventilation and temperature; (d) dust and fume; (e) artificial humidification; (f) lighting; (g) drinking water; (h) latrine and urinals; (i) spittoons; (j) fencing of machinery; (k) work at or near machinery in motion; 1. Subs. by Act 35 of 2016, s. 14, for “child” (w.e.f 1-9-2016). 2. Subs. by s. 15, ibid., for “children” (w.e.f 1-9-2016). 3. Subs. by s. 15, ibid., for “child” (w.e.f. 1-9-2016). 4. Subs. by s. 16, ibid., for “section 3 and 14” (w.e.f. 1-9-2016). 5. Subs. by s. 17, ibid., for “children” (w.e.f. 1-9-2016). 5 ----- (l) employment of [1][adolescent] on dangerous machines; (m) instructions, training and supervision in relation to employment of [1][adolescent] on dangerous machines; (n) device for cutting off power; (o) self-acting machines; (p) easing of new machinery; (q) floor, stairs and means of access; (r) pits, sumps, openings in floors, etc.; (s) excessive weights; (t) protection of eyes; (u) explosive or inflammable dust, gas, etc.; (v) precautions in case of fire; (w) maintenance of buildings; and (x) safety of buildings and machinery. PART IV MISCELLANEOUS **14. Penalties.—[2][(1) Whoever employs any child or permits any child to work in contravention of the** provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3. (1A) Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3A. (1B) Notwithstanding anything contained in sub-sections (1) and (1A) the parents or guardians of any child or adolescent referred to in section 3 or section 3A, shall not be liable for punishment, in case of the first offence.] 3[(2) Whoever, having been convicted of an offence under section 3 or section 3A commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years. (2A) Notwithstanding anything contained in sub-section (2), the parents or guardian having been convicted of an offence under section 3 or section 3A, commits a like offence afterwards, he shall be punishable with a fine which may extend to ten thousand rupees.] (3) Whoever— 4* - - - 1. Subs. by Act 35 of 2016, s. 17, for “children” (w.e.f. 1-9-2016). 2. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-9-2016). 3. Subs. by s. 18, ibid., for sub-section (2) (w.e.f. 1-9-2016). 4. Clauses (a), (b) and (c) omitted by s. 18, ibid. (w.e.f. 1-9-2016). 6 ----- (d) fails to comply with or contravenes any other provisions of this Act or the rules made thereunder, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both. **STATE AMENDMENT** **Gujarat** **Amendment of section 14 of 61 of 1986.— In the Child and Adolescent Labour (Prohibition and** Regulation) Act, 1986 (61 of 1986), in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 14, # (i) in sub-section (1), for the words “fifty thousand rupees”, the words “one lakh rupees” shall be substituted; # (ii) in sub-section (1A), for the words “fifty thousand rupees”, the words “one lakh rupees” shall be substituted. [Vide Gujarat Act 19 of 2021, s. 2] 1[14A. Offences to be Congnizable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any offence committed by an employer and punishable under section 3 or section 3A shall be cognizable. **14B.Child and Adolescent Labour Rehabilitation Fund.—(1) The appropriate Government shall** constitute a Fund in every district or for two or more districts to be called the Child and Adolescent Labour Rehabilitation Fund to which the amount of the fine realized from the employer of the child and adolescent, within the jurisdiction of such district or districts, shall be credited. (2) The appropriate Government shall credit an amount of fifteen thousand rupees to the Fund for each child or adolescent for whom the fine amount has been credited under sub-section (1). (3) The amount credited to the Fund under sub-sections (1) and (2) shall be deposited in such banks or invested in such manner, as the appropriate Government may decide. (4) The amount deposited or invested, as the case may be under sub-section (3), and the interest accrued on it, shall be paid to the child or adolescent in whose favour such amount is credited, in such manner as may be prescribed. _Explanation.—For the purposes of appropriate Government, the Central Government shall include the_ Administrator or the Lieutenant Governor of a Union territory under article 239A of the Constitution. **14C. Rehabilitation of rescued child or adolescent.—The child or adolescent, who is employed in** contravention of the provisions of this Act and rescued, shall be rehabilitated in accordance with the laws for the time being in force. **14D. Compounding of offences.—(1) Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), the District Magistrate may, on the application of the accused person, compound any offence committed for the first time by him, under sub-section (3) of section 14 or any offence committed by an accused person being parent or a guardian, in such manner and on payment of such amount to the appropriate Government, as may be prescribed. (2) If the accused fails to pay such amount for composition of the offence, then, the proceedings shall be continued against such person in accordance with the provisions of this Act. (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 in writing, to the notice of the Court in which the prosecution is pending and 1. Ins. by Act 35 of 2016, s. 19 (w.e.f. 1-9-2016). 7 ----- on the approval of the composition of the offence being given, the person against whom the offence is so compounded, shall be discharged.] **STATE AMENDMENT** **Gujarat** **Amendment of section 14D of 61 of 1986.- In the principal Act, in section 14D, in sub-section (1), for the** words “District Magistrate”, the words “District Magistrate, Municipal Commissioner, Director of Labour or, as the case may be, the Regional Commissioner of Municipalities” shall be substituted. [Vide Gujarat Act 19 of 2021, s. 3] **15. Modified application of certain laws in relation to penalties.—(1) Where any person is found** guilty and convicted of contravention of any of the provisions mentioned in sub-section (2), he shall be liable to penalties as provided in sub-sections (1) and (2) of section 14 of this Act and not under the Acts in which those provisions are contained. (2) The provisions referred to in sub-section (1) are the provisions mentioned below:— (a) section 67 of the Factories Act, 1948 (63 of 1948); (b) section 40 of the Mines Act, 1952 (35 of 1952); (c) section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and (d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961). **16. Procedure relating to offences.—(1) Any person, police officer or Inspector may file a complaint** of the commission of an offence under this Act in any court of competent jurisdiction. (2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates. (3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act. **17. Appointment of Inspectors.—The appropriate Government may appoint Inspectors for the** purposes of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). 1[17A. District Magistrate to implement the provisions.—The appropriate 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 as may be prescribed. **STATE AMENDMENT** **Gujarat** **Amendment of section 17A of 61 of 1986.— In the principal Act, in section 17A, -** # (i) for the words “District Magistrate”, the words “District Magistrate, Municipal Commissioner, Director of Labour or, as the case may be, the Regional Commissioner of Municipalities” shall be substituted; # (ii) in the marginal note, for the word “District Magistrate”, the words “District Magistrate, Municipal Commissioner, Director of Labour or Regional Commissioner of Municipalities” shall be substituted. [Vide Gujarat Act 19 of 2021, s. 4] 1. Ins. by Act 35 of 2016, s. 20 (w.e.f. 1-9-2016). 8 ----- **17B. Inspection and monitoring.—The appropriate Government shall make or cause to be made** periodic inspection of the places at which the employment of children is prohibited and hazardous occupations or processes are carried out at such intervals as it thinks fit, and monitor the issues, relating to the provisions of this Act.] **18. Power to make rules.—(1) The appropriate Government may, by notification in the Official** Gazette and subject to the condition of previous publication, make rules for 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 all or any of the following matters, namely:— 1[(a) the conditions and the safety measures under clause (b) of sub-section (2) and other activities under clause (b) to Explanation of sub-section (2) of section 3;] 2[(b)] the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the [3][Technical Advisory Committee] and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 5; 4[(c)] number of hours for which a 5[adolescent] may be required or permitted to work under sub section (1) of section 7; 6[(d)] grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued: Provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned; 7[(e)] the other particulars which a register maintained under section 11 should contain. 8[(f) the manner of payment of amount to the child or adolescent under sub-section (4) of section 14B; (g) the manner of composition of the offence and payment of amount to the appropriate Government under sub-section (1) of section 14D; (h) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17A.] **19. Rules and notifications to be laid before Parliament or State legislature.—(1) Every rule made** under this Act by the Central Government and every notification issued under section 4, shall be laid, as soon as may be after it is made or issued, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such 1. Ins. by Act 35 of 2016, s. 21 (w.e.f. 1-9-2016). 2. Clause (a) relettered as clause (b) thereof by s. 21, ibid. (w.e.f 1-9-2016). 3. Subs. by s. 21, ibid., for “Child Labour Technical Advisory Committee” (w.e.f. 1-9-2016). 4. Clause (b) relettered as clause (c) thereof by s. 21, ibid. (w.e.f. 1-9-2016). 5. Subs. by s. 21, ibid., for “child” (w.e.f. 1-9-2016). 6. Clause (c) relettered as clause (d) thereof by s. 21, ibid. (w.e.f. 1-9-2016). 7. Clause (d) relettered as clause (e) thereof by s. 21, ibid. (w.e.f. 1-9-2016). 8. Ins. by Act 35 of 2016, s. 21 (w.e.f. 1-9-2016). 9 ----- 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. (2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the legislature of that State. **20. Certain other provisions of law not barred.—Subject to the provisions contained in section 15,** the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Factories Act, 1948 (63 of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the Mines Act, 1952 (35 of 1952). **21. 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 removal of the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. **22. Repeal and savings.—(1) The Employment of Children Act, 1938 (26 of 1938) is hereby repealed.** (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. [Sections 23 to 26.]—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First _Schedule (w.e.f. 3-9-2001)._ 10 ----- 1[THE SCHEDULE (See section 3A) (1) Mines. (2) Inflammable substances or explosives. (3) Hazardous process. _Explanation.—For the purposes of this Schedule, “hazardous process” has the meaning assigned to it_ in clause (cb) of the Factories Act, 1948 (63 of 1948)]. 1. Subs. b y Act 35 of 2016, s. 22, for the Schedule (w.e.f. 1-9-2016). 11 -----

23-Dec-1986

60

The Indecent Representation of Women (Prohibition) Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1768/1/198660.pdf

central

# THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986 __________ # ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Prohibition of advertisements containing indecent representation of women. 4. Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women. 5. Powers to enter and search. 6. Penalty. 7. Offences by companies 8. Offences to be cognizable and bailable. 9. Protection of action taken in good faith. 10. Power to make rules. 1 ----- # THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986 # ACT NO. 60 OF 1986 [23rd December, 1986.] # An Act to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Indecent Representation** of Women (Prohibition) Act, 1986. (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) “advertisement” includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas; (b) “distribution” includes distribution by way of samples whether free or otherwise; (c) “indecent representation of women” means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals; (d) “label” means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package; (e) “package” includes a box, carton, tin or other container; (f) “prescribed” means prescribed by rules made under this Act. **3. Prohibition of advertisements containing indecent representation of women.—No person shall** publish, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form. **4. Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent** **representation of women.—No person shall produce or cause to be produced, sell, let to hire, distribute,** circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representation of women in any form: Provided that nothing in this section shall apply to— (a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure— (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure is in the interest of science, literature, art, or learning or other objects of general concern; or (ii) which is kept or used bona fide for religious purposes; 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. 2nd October, 1987, vide notification No G.S.R. 821(E), dated 25th September, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2 ----- (b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monument and Archaeological Sites and Remains Act, 1958 (24 of 1958); or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose; (c) any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of 1952), will be applicable. **5. Powers to enter and search.—(1) Subject to such rules as may be prescribed, any Gazetted** Officer authorised by the State Government may, within the local limits of the area for which he is so authorised,— (a) enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed; (b) seize any advertisement or any book, pamphlet, paper, slide film, writing, drawing, painting, photograph, representation or figure which he has reason to believe contravenes any of the provisions of this Act; (c) examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act: Provided that no entry under this sub-section shall be made into a private dwelling house without a warrant: Provided further that the power of seizure under this sub-section may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing, if the advertisement cannot be separated by reason of its being embossed or otherwise from such document, article or thing without affecting the integrity, utility or saleable value thereof. (2) 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 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) Where any person seizes anything under clause (b) or clause (c) of sub-section (1), he shall, as soon as may be, inform the nearest Magistrate and take his orders as to the custody thereof. **6. Penalty.—Any person who contravenes the provisions of section 3 or section 4 shall be punishable** on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend two thousand rupees, and in the event of a second or subsequent conviction with imprisonment for a term of not less than six months but which may extend to five years and also with a fine not less than ten thousand rupees but which may extend to one lakh rupees. **7. 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 3 ----- officer of the company, such director, manager, secretary or other officer shall 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. **8. Offences to be cognizable and bailable.—(1) Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be bailable. (2) An offence punishable under this Act shall be cognizable. **9. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie** against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act. **10. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules 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 the seizure of advertisements or other articles shall be made, and the manner in which the seizure list shall be prepared and delivered to the person from whose custody any advertisement or other article has been seized; (b) 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. 4 -----

24-Dec-1986

69

The State of Arunachal Pradesh Act, 1986

https://www.indiacode.nic.in/bitstream/123456789/1878/1/198669.pdf

central

SECTIONS 1. Short title. 2. Definitions. # THE STATE OF ARUNACHAL PRADESH ACT, 1986 ____________ # ARRANGEMENT OF SECTIONS ____________ PART I PRELIMINARY PART II ESTABLISHMENT OF THE STATE OF ARUNACHAL PRADESH 3. Establishment of the State of Arunachal Pradesh. 4. [Repealed]. PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ 5. [Repealed]. 6. Allocation of sitting member. 7. [Repealed]. _The House of the People_ 8. Allocation of seats in the existing House of the People. 9. Provision as to sitting members. _The Legislative Assembly_ 10. Provision as to Legislative Assembly. 11. Provisional Legislative Assembly. 12. Speaker and Deputy Speaker. 13. Rules of procedure. _Delimitation of Constituencies_ 14. Delimitation of constituencies. 15. Power of Election Commission to maintain delimitation orders up-to-date. 16. [Repealed]. 17. [Repealed]. PART IV HIGH COURT 18. Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh. 19. Provision as to advocates. 20. Practice and procedure in the common High Court. 21. Custody of Seal of the common High Court. 22. Form of writs and other processes. 1 ----- SECTIONS 23. Powers of Judges. 24. Principal seat and other places of sitting of the common High Court. 25. Procedure as to appeals to Supreme Court. 26. Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram to the common High Court. 27. Interpretation. 28. Right to appear or to act in proceedings transferred to the common High Court. 29. Saving. PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 30. Authorisation of expenditure pending its sanction by the Legislature. 31. Reports relating to the accounts of the existing Union territory of Arunachal Pradesh. 32. Allowances and privileges of Governor of Arunachal Pradesh. 33. Distribution of revenues. PART VI ASSETS AND LIABILITIES 34. Property, assets, rights, liabilities, obligations, etc. PART VII PROVISIONS AS TO SERVICES 35. Provision relating to All-India Services. 36. Provisions relating to other services. 37. Other provisions as to services. 38. Provisions as to continuance of officers in same posts. 39. Advisory Committees. 40. Prohibition of representation after certain period. 41. Power of Central Government to give direcions. PART VIII LEGAL AND MISCELLANEOUS PROVISIONS 42. [Repealed]. 43. [Repealed]. 44. [Repealed]. 45. [Repealed]. 46. Continuance of existing laws and their adaptations. 47. Power to construe laws. 48. Provisions as to continuance of courts, etc. 49. Effect of provisions of Act inconsistent with other laws. 2 ----- SECTIONS 50. Power to remove difficulties. 51. Power to make rules. THE FIRST SCHEDULE [REPEALED]. THE SECOND SCHEDULE [REPEALED]. THE THIRD SCHEDULE [REPEALED]. THE FOURTH SCHEDULE [REPEALED]. 3 ----- # THE STATE OF ARUNACHAL PRADESH ACT, 1986 ACT NO. 69 OF 1986 [24th December, 1986.] # An Act to provide for the establishment of the State of Arunachal Pradesh and for matters connected therewith. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the State of Arunachal Pradesh Act, 1986.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the Administrator appointed by the President under article 239; (b) “appointed day[1]” 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 Arunachal Pradesh” means the Union territory of Arunachal 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 Arunachal Pradesh; (g) “sitting member”, in relation to either House of Parliament or of the Legislative Assembly of the existing Union territory of Arunachal 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 ARUNACHAL PRADESH **3. Establishment of the State of Arunachal Pradesh.—On and from the appointed day, there shall** be established a new State, to be known as the State of Arunachal Pradesh comprising the territories which immediately before that day were comprised in the existing Union territory of Arunachal Pradesh. **4. [Amendment of First Schedule to the Constitution].—Rep. by the Repealing and Amending Act,** 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ **5. [Amendment of Fourth Schedule to the Constitution].—Rep. by the Repealing and Amending Act,** 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). **6. Allocation of sitting member.—(1) On and from the appointed day, the sitting member of the** Council of States representing the existing Union territory of Arunachal Pradesh shall be deemed to have 1. 20th February, 1987, vide notification No. S.O. 74(E), dated 11th February, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 ----- been duly elected under clause (4) of article 80 to fill the seat allotted to the State of Arunachal Pradesh in that Council. (2) The term of office of such sitting member shall remain unaltered. **7. [Amendment of section 27A of Act 43 of 1950].—Rep. by the Repealing and Amending Act, 2001** _(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ _The House of the People_ **8. Allocation of seats in the existing House of the People.—(1) On and from the appointed day, the** allocation of seats to the State of Arunachal Pradesh in the House of the People shall be two; and the First 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 two parliamentary constituencies of the existing Union territory of Arunachal Pradesh shall be deemed to be the parliamentary constituencies of the State of Arunachal Pradesh and the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall be construed accordingly. **9. Provision as to sitting members.—The sitting members of the House of the People representing** the constituencies which, on the appointed day, by virtue of the provisions of section 8 become the constituencies of the State of Arunachal Pradesh shall be deemed to have been elected under sub-clause (a) of clause (1) of article 81 to the House of the People by those constituencies. _The Legislative Assembly_ 1[10. Provision as to Legislative Assembly.—The total number of seats in the Legislative Assembly of the State of Arunachal Pradesh, to be filled by persons chosen by direct election from assembly constituencies shall be sixty, out of which fifty-nine seats shall be reserved for the Scheduled Tribes; and the provisions of the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.] **11. Provisional Legislative Assembly.—(1) Notwithstanding anything contained in this Act** (including provisions relating to the strength of the Legislative Assembly of the State of Arunachal Pradesh), on and from the appointed day and until the Legislative Assembly of that State has been duly constituted and summoned to meet for the first session, there shall be a provisional Legislative Assembly 2[which shall consist of— (a) members elected by the territorial constituencies of; and (b) members nominated to, the Legislative Assembly of the existing Union territory of Arunachal Pradesh.] (2) The period of five years referred to in clause (1) of article 172 shall, in the case of the provisional Legislative Assembly referred to in sub-section (1), be deemed to have commenced on the day on which the duration of the existing Legislative Assembly of the Union territory of Arunachal Pradesh commenced under section 5 of the Government of Union Territories Act, 1963 (20 of 1963). 3[(3) For so long as the provisional Legislative Assembly constituted under this section is in existence,— (a) it shall be deemed to be the Legislative Assembly of the State of Arunachal Pradesh duly constituted under the Constitution and shall be competent to discharge all the functions of a Legislative Assembly of a State under the Constitution; and 1. Subs. by Act 52 of 1988, s. 2, for section 10 (w.e.f. 27-9-1988). 2. Subs. by Act 19 of 1987, s. 2, for certain words (w.e.f. 20-2-1987). 3. Subs. by s. 2, ibid., for sub-section (3) (w.e.f. 20-2-1987). 5 ----- (b) the members thereof, referred to in clause (a) of sub-section (1), shall be deemed to be the members of the Legislative Assembly of the State of Arunachal Pradesh duly elected under the Constitution.] **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 Arunachal Pradesh, shall be the Speaker and the Deputy Speaker, respectively, of the provisional Legislative Assembly of the State of Arunachal 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 Arunachal 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 provisional Legislative Assembly of the State of Arunachal Pradesh, subject to such modifications and adaptations as may be made therein by the Speaker thereof. **14. 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 Assembly of the State of Arunachal Pradesh under section 10 to single-member territorial constituencies and delimit them 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; and (b) 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. (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,— (a) the sitting members of the House of the People referred to in section 9; and (b) such six of the members of the Legislative Assembly of the existing Union territory of Arunachal Pradesh or, as the case may be, the provisional Legislative Assembly referred to in section 11 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 assembly constituencies shall be laid before the Legislative Assembly of the existing Union territory of Arunachal Pradesh or, as the case may be, the provisional Legislative Assembly referred to in section 11. 6 ----- **15. 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 14 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 an assembly constituency shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the existing Union territory of Arunachal Pradesh, the provisional Legislative Assembly referred to in section 11 or the Legislative Assembly of the State of Arunachal Pradesh, as the case may be. **16. [Amendment of Scheduled Castes Orders].—Rep. by the Repealing and Amending Act,** 2001 _(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ **17. [Amendment of Scheduled Tribes Orders].—Rep. by s.** 2 and the First Schedule, ibid. _(w.e.f. 3-9-2001)._ PART IV HIGH COURT **18. Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and** **Arunachal Pradesh.—(1) On and from the appointed day,—** (a) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh to be called the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh) (hereinafter referred to as the common High Court); (b) the Judges of the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court. (2) The expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura in such proportion as the President may, by order, determine. **19. Provision as to advocates.—(1) On and from the appointed day,—** (a) in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), for clause (b), the following clause shall be substituted, namely:— “(b) for the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura to be known as the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh;”; (b) the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall be deemed to be the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh. (2) Any person who, immediately before the appointed day, is an advocate entitled to practise in the High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall be entitled to practise as an advocate in the common High Court. (3) All persons who, immediately before the appointed day, are advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall, as from that day, become advocates on the roll of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh. 7 ----- (4) 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, Nagaland, Meghalaya, Manipur, Tripura and Mizoram: Provided that as among the Advocates-General of the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates. **20. 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, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall, with the necessary modifications, apply in relation to the common High Court. **21. 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, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall, with the necessary modifications, apply with respect to the custody of the Seal of the common High Court. **22. 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, Nagaland, Meghalaya, Manipur, Tripura and Mizoram shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court. **23. 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, Nagaland, Meghalaya, Manipur, Tripura and Mizoram 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. **24. 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, Nagaland, Meghalaya, Manipur, Tripura and Mizoram 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 States of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh as the Chief Justice may, with the approval of the Governor of the State concerned, appoint. **25. 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, Nagaland, Meghalaya, Manipur, Tripura and Mizoram and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the common High Court. **26. Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur,** **Tripura and Mizoram to the common High Court.—(1) All proceedings pending in the High Court of** Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram 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. 8 ----- **27. Interpretation.—For the purposes of section 26,—** (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. **28. Right to appear or to 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, Nagaland, Meghalaya, Manipur, Tripura and Mizoram and was authorised to appear or to act in any proceedings transferred from the said High Court to the common High Court under section 26 shall have the right to appear or to act, as the case may be, in the common High Court in relation to those proceedings. **29. Saving.—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 **30. 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 Arunachal 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 Arunachal Pradesh: Provided that the Governor of Arunachal Pradesh may, after the appointed day, authorise by order such further expenditure as he deems necessary from the Consolidated Fund of the State of Arunachal 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 Arunachal Pradesh shall make separate orders under sub-section (1) in respect of periods falling in different financial years. **31. Reports relating to the accounts of the existing Union territory of Arunachal 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 exising Union territory of Arunachal Pradesh in respect of any period prior to the appointed day, shall be submitted to the Governor of Arunachal 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 Arunachal Pradesh on any service in respect of any period prior to the appointed day during the financial year 1986-87 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. **32. Allowances and privileges of Governor of Arunachal Pradesh.—The allowances and** privileges of the Governor of Arunachal Pradesh shall, until, the Governors (Emoluments, Allowances and Privileges) Act, 1982 (43 of 1982), comes into force, be such as the President may, by order, determine. **33. Distribution of revenues.—The President shall, by order, determine the grants-in-aid of the** revenues of the State of Arunachal Pradesh and the share of that State in the Union duties of excise, estate 9 ----- duty and taxes on income and for that purpose amend thereby the relevant provisions of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Union Duties of Excise (Distribution) Act, 1979 (24 of 1979), the Estate Duty (Distribution) Act, 1962 (9 of 1962) and the Constitution (Distribution of Revenues) Order, 1985 in such manner as he thinks fit. PART VI ASSETS AND LIABILITIES **34. Property, assets, rights, liabilities, obligations, etc.—(1) All such property and assets within the** existing Union territory of Arunachal Pradesh 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 Arunachal 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 existing Union territory of Arunachal Pradesh before the appointed day shall, as from that day, vest in the State of Arunachal Pradesh. (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 existing Union territory of Arunachal Pradesh; or (b) the rights, liabilities and obligations of the Administrator of the existing Union territory of Arunachal 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 Arunachal 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 Arunachal Pradesh, shall pass to the State of Arunachal Pradesh. (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 existing Union territory of Arunachal 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” means the purposes of Government relatable to any of the matters mentioned in the Union List. PART VII PROVISIONS AS TO SERVICES **35. Provision relating to All-India Services.—Every member of the Indian Administrative Service,** the Indian Police Service and the Indian Forest Service who, immediately before the appointed day, is holding any post in the existing Union territory of Arunachal Pradesh 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 Arunachal Pradesh on the same terms and conditions of service as are applicable to him under the relevant cadre rules: 10 ----- 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, “cadre rules” means the Indian Administrative Service (Cadre) Rules,_ 1954, the Indian Police Service (Cadre) Rules, 1954 or the Indian Forest Service (Cadre) Rules, 1966, as the case may be. **36. 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 existing Union territory of Arunachal 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 Arunachal Pradesh: Provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day. (2) The provisions of this section shall not apply in relation to persons to whom the provisions of section 35 apply. **37. Other provisions as to services.—(1) Nothing in this section or section 36 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 the conditions of service of persons serving in connection with the affairs of the State of Arunachal Pradesh: Provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 36 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 deemed to have been allocated under section 36 in connection with the administration of the existing Union territory of Arunachal Pradesh, shall be deemed to have been rendered in connection with the affairs of the State of Arunachal Pradesh for the purposes of the rules regulating his conditions of service. **38. 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 affairs of the existing Union territory of Arunachal Pradesh shall continue to hold the same post or office 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 Arunachal Pradesh on the same terms and conditions of appointment and on the same tenure as he was holding the post or office immediately before that day: 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. **39. 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. **40. Prohibition of representation after certain period.—Notwithstanding anything to the contrary** contained in any law or rule for the time being in force, no representation shall lie against any order passed under the provisions of this Part on the expiry of three months from the date of publication or service, whichever is earlier, of such order: Provided that the Central Government may, suo motu or otherwise and for reasons to be recorded, re open any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that it is necessary so to do in order to prevent any miscarriage of justice to any affected person. 11 ----- **41. Power of Central Government to give direcions.—The Central Government may give such** directions to the Government of the State of Arunachal Pradesh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Government shall comply with such directions. PART VIII LEGAL AND MISCELLANEOUS PROVISIONS **42. [Amendment of article 210, article 239A and article 240 of the Constitution].—Rep. by the** _Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ **43. [Amendment of Act 28 of 1958].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).** **44. [Amendment of Act 20 of 1963].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).** **45. [Amendment of Act 84 of 1971].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).** **46. Continuance of existing laws and their adaptations.—(1) All laws in force, immediately before** the appointed day, in the existing Union territory of Arunachal Pradesh shall continue to be in force in the State of Arunachal 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 Arunachal 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 Arunachal Pradesh. **47. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been** made under section 46 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 Arunachal Pradesh, 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. **48. Provisions as to continuance of courts, etc.—All courts and tribunals and all authorities** discharging lawful functions throughout the existing Union territory of Arunachal 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. **49. 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. **50. 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: Provided that no such order shall be made after the expiry of three years from the appointed day. (2) Every order made under this section shall be laid before each House of Parliament. 12 ----- **51. 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 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 FIRST SCHEDULE].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and _the First Schedule (w.e.f. 3-9-2001)._ [THE SECOND SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). [THE THIRD SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). [THE FOURTH SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 13 -----

9-May-1987

10

The Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1882/2/A1987-10.pdf

central

# THE JUTE PACKAGING MATERIALS (COMPULSORY USE IN PACKING COMMODITIES) ACT, 1987 __________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to specify commodities which are required to be packed in jute packaging material. 4. Constitution of Standing Advisory Committee. 5. Prohibition of packing in any material other than the jute packaging material. 6. Power to call for information and samples. 7. Power to enter and inspect. 8. Power to search and seize. 9. Penalty for contravention of section 5. 10. Penalty for false statement, etc. 11. Offences by companies. 12. Offences to be cognizable. 13. Power to delegate. 14. Central Government to give directions. 15. Protection of action taken in good faith. 16. Power to exempt. 17. Power to make rules. 1 ----- # THE JUTE PACKAGING MATERIALS (COMPULSORY USE IN PACKING COMMODITIES) ACT, 1987 # ACT NO. 10 OF 1987 [9[th] May, 1987.] # An Act to provide for the compulsory use of jute packaging material in the supply and distribution of certain commodities in the interests of production of raw jute and jute packaging material, and of persons engaged in the production thereof, and for matters connected therewith. BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Jute Packaging** Materials (Compulsory Use in Packing Commodities) Act, 1987. (2) It extends to the whole of India. (3) It shall come into force of 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) “commodity” means— (i) any essential commodity; (ii) any article manufactured or produced by any scheduled industry; (b) “essential commodity” shall have the same meaning as in the Essential Commodities Act, 1955 (10 of 1955); (c) “jute packaging material” means jute, jute yarn, jute twine, jute sacking cloth, hessian cloth, jute bags or any other packaging material containing not less than seventy-five per cent., by weight, of jute; (d) “scheduled industry” shall have the same meaning as in the Industries (Development and Regulation) Act, 1951 (65 of 1951); (e) “Standing Advisory Committee” means the Standing Advisory Committee constituted under section 4. **3. Power to specify commodities which are required to be packed in jute packaging** **material.—(1) Notwithstanding anything contained in any other law for the time being in force, the** Central Government may, if it is satisfied, after considering the recommendations made to it by the Standing Advisory Committee, that it is necessary so to do in the interests of production of raw jute and jute packaging material, and of persons engaged in the production thereof, by order published in the Official Gazette, direct, from time to time, that such commodity or class of commodities or such percentage thereof, as may be specified in the order, shall, on and from such date, as may be specified in the order, be packed for the purposes of its supply or distribution in such jute packaging material as may be specified in the order: Provided that until such time as the Standing Advisory Committee is constituted under section 4, the Central Government shall, before making any order under this sub-section, consider the matters specified in sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the Standing Advisory Committee makes its recommendations. 1. 14th May, 1987, vide notification No. S.O. 467(E), dated 14th May, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- (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. **4. Constitution of Standing Advisory Committee.—(1) The Central Government shall, with a view** to determining the commodity or class of commodities or percentages thereof in respect of which jute packaging material shall be used in their packing, constitute a Standing Advisory Committee consisting of such persons as have, in the opinion of that Government, the necessary expertise to give advice in the matter. (2) The Standing Advisory Committee shall, after considering the following matters, indicate its recommendations to the Central Government, namely:— (a) the existing level of usage of jute material; (b) the quantity of raw jute available; (c) the quantity of jute material available; (d) the protection of interests of persons engaged in the jute industry and in the production of raw jute; (e) the need for continued maintenance of jute industry; (f) the quantity of commodities which, in its opinion, is likely to be required for packing in jute material; (g) such other matters as the Standing Advisory Committee may think fit. **5. Prohibition of packing in any material other than the jute packaging material.—Where an** order has been made under section 3 requiring any commodity, class of commodities or any percentage thereof to be packed in jute packaging material for their supply or distribution, such commodity, class of commodities or percentage thereof shall not, on and from the date specified in such order, be supplied or distributed unless the same is packed in accordance with that order: Provided that nothing in this section shall apply to the supply or distribution of any commodity, class of commodities or percentage thereof for a period of three months from the aforesaid date if immediately before that date such commodity, class of commodities or percentage thereof, were being packed in any material other than jute packing material. **6. Power to call for information and samples.—The Central Government may, by order, require** any person, who is required to use jute packaging material for packing under section 5, to furnish, for the purposes of this Act,— (a) such information in his possession, with respect to any commodity or class of commodities or percentage thereof which requires such packing, to any officer specified by it, in such form and within such period as may be specified by that Government in the order; (b) such samples of jute packaging material for inspection by such officer at such places and within such period as may be specified by it in the order. **7. Power to enter and inspect.—Any officer authorised by the Central Government (hereinafter** referred to as the authorised officer) may enter, at all reasonable times, any place, premises or vehicle where any commodity packed in jute packaging material is stored or kept for supply or distribution, and may require its production for inspection and ask for any information relating thereto. **8. Power to search and seize.—(1) The authorised officer may, if he has reason to believe that any** commodity has been packed in contravention of section 5 and is secreted in any place, premises or vehicle, enter into and search such place, premises or vehicle for such commodity. 3 ----- (2) Where, as a result of any search made under sub-section (1), any commodity packed in contravention of section 5 has been found, the authorised officer may seize such commodity and any other thing which, in his opinion, will be useful for, or relevant to, any proceeding under this Act: Provided that where it is not practicable to seize any such commodity or thing, the authorised officer may serve on the person an order that he shall not remove, part with, or otherwise deal with, the commodity or thing except with the previous permission of the authorised officer. (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 every search or seizure made under this section. **9. Penalty for contravention of section 5.—Whoever packs any commodity, class of commodities** or any percentage thereof in any material in contravention of section 5 shall be punishable with fine which may extend to an amount equal to double the cost of the jute packaging material which should have been used in accordance with the order made under section 3. **10. Penalty for false statement, etc.—If any person, when required by any order made under section** 6 to furnish any information or sample, fails to furnish such information or sample, or makes any statement or furnishes any information which is false in any material particular and which he knows, or has reasonable cause to believe, to be false or does not believe it to be true, he shall be punishable with fine which may extend to five thousand rupees. **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 provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in this 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. **12. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be cognizable. **13. Power to delegate.—The Central Government may, by order published in the Official Gazette,** direct that the powers exercisable by it under any provision of this Act, other than the power to make orders under section 3 or under section 16 or to make rules under section 17, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the order, be exercisable also by— (a) such officer or authority subordinate to the Central Government; or (b) such State Government or such officer or authority subordinate to a State Government, as may be specified in the order. **14. Central Government to give directions.—The Central Government may give such directions as** it may consider necessary to a State Government as to the carrying into execution of the provisions of this Act. 4 ----- **15. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government, State Government or any officer or employee of the Central Government or of any State Government or any authorised officer 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 exempt.—(1) If the Central Government is of the opinion that it is necessary or** expedient so to do in the public interest, it may, by order published in the Official Gazette, exempt any person or class of persons, supplying or distributing any commodity or class of commodities, from the operation of an order made under section 3. (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. **17. 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 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. 5 -----

23-May-1987

18

The Goa, Daman and Diu Reorganisation Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1886/1/198718.pdf

central

# THE GOA, DAMAN AND DIU REORGANISATION ACT, 1987 ____________ # ARRANGEMENT OF SECTIONS ____________ PART I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. PART II REORGANISATION OF THE UNION TERRITORY OF GOA, DAMAN AND DIU 3. Formation of State of Goa. 4. Formation of Union territory of Daman and Diu. 5. [Repealed]. PART III REPRESENTATION IN THE LEGISLATURES _The Council of States_ 6. [Repealed]. 7. Election to fill the seat allotted to the State of Goa. _The House of the People_ 8. Allocation of seats in the House of the People. 9. Parliamentary constituency of the Union territory of Daman and Diu. 10. Parliamentary constituencies. 11. Provisions as to sitting members. _The Legislative Assembly_ 12. Provisions as to Legislative Assembly. 13. Provisional Legislative Assembly. 14. [Repealed]. 15. Speaker of the provisional Legislative Assembly. 16. Rules of procedure. _Delimitation of constituencies_ 17. Delimitation of constituencies. 18. Power of Election Commission to maintain delimitation orders up-to-date. 19. [Repealed]. 1 ----- PART IV HIGH COURT SECTIONS 20. Common High Court for Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu. 21. Provision as to advocates. 22. Practice and procedure in the common High Court. 23. Custody of seal of the common High Court. 24. Form of writs and other processes. 25. Powers of Judges. 26. Principal seat and other places of sitting of the common High Court. 27. Procedure as to appeals to Supreme Court. 28. Transfer of proceedings to the common High Court. 29. Interpretation, etc. 30. Saving. PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 31. Authorisation of expenditure pending its sanction by the Legislature. 32. Reports relating to the accounts of the existing Union territory. 33. Distribution of revenues. PART VI ASSESTS AND LIABILITIES 34. Definition. 35. Land and goods. 36. Cash balances. 37. Arrears of taxes. 38. Right to recover loans and advances. 39. Investments in and loans, etc., to certain corporate bodies. 40. Assets and liabilities of State undertakings. 41. Refund of taxes collected in excess. 42. Certain deposits. 43. Provident fund. 44. Pensions granted by the Administrator, etc. 45. Contracts. 46. Liability in respect of actionable wrong. 47. Liability as guarantor of co-operative societies. 48. Items in suspense. 49. Residuary provision. 50. Apportionment of assets or liabilities by agreement. 51. Power of Central Government to order allocation or adjustment in certain cases. 2 ----- PART VII PROVISIONS AS TO ARRANGEMENTS, CORPORATION AND INTER-STATE AGREEMENTS SECTIONS 52. Continuance of certain arrangements. 53. Provision as to co-operative banks. 54. General provisions as to statutory corporations. 55. Temporary provisions as to continuance of certain existing road transport permits. 56. Special provision relating to retrenchment compensation in certain cases. 57. Special provision as to income-tax. 58. Continuance of existing facilities in certain institutions. PART VIII PROVISIONS AS TO SERVICES 59. Provisions relating to All India Services. 60. Provisions relating to other services. 61. Provisions as to continuance of officers in the same posts. 62. Powers of Central Government to give direction. PART IX LEGAL AND MISCELLANEOUS PROVISIONS 63. [Repealed]. 64. [Repealed]. 65. [Repealed]. 66. Territorial extent of laws. 67. Power to adapt laws. 68. Power to construe laws. 69. Provisions as to continuance of courts, etc. 70. Effect of provisions of Act inconsistent with other laws. 71. Power to remove difficulties. 72. Power to make rules. THE FIRST SCHEDULE. [Repealed]. THE SECOND SCHEDULE. [Repealed]. 3 ----- # THE GOA, DAMAN AND DIU REORGANISATION ACT, 1987 # ACT NO. 18 OF 1987 [23rd May, 1987.] # An Act to provide for the reorganisation of the Union territory of Goa, Daman and Diu and for matters connected therewith. BE it enacted by Parliament in the Thirty-eight Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title.—This Act may be called the Goa, Daman and Diu Reorganisation Act, 1987.** **2. Definition.—In this Act, unless the context otherwise requires,—** (a) “Administrator” means the administrator appointed by the President under article 239; (b) “appointed day”[1] means the day which the Central Government may, by notification, appoint; (c) “article” means an article of the Constitution; (d) “assembly constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950); (e) “Election Commission” means the Election Commission appointed by the President under article 324; (f) “existing Union territory” means the Union territory of Goa, Daman and Diu 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 Union territory; (h) “notification” means a notification published in the Official Gazette; (i) “population ratio”, in relation to the State of Goa and the Union, means the ratio of 42: 3.25; (j) “sitting member”, in relation to the House of the People or of the Legislative Assembly of the existing Union territory means a person who, immediately before the appointed day, is a member of that House or that Assembly; (k) “treasury” includes a sub-treasury. PART II REORGANISATION OF THE UNION TERRITORY OF GOA, DAMAN AND DIU **3. Formation of State of Goa.—On and from the appointed day, there shall be formed a new State to** be known as the State of Goa comprising the territories which immediately before that day were comprised in the Goa district of the existing Union territory. **4. Formation of Union territory of Daman and Diu.—On and from the appointed day, there shall** be formed a new Union territory to be known as the Union territory of Daman and Diu comprising the territories which, immediately before that day, were comprised in the Daman and Diu districts of the existing Union territory. 1. 30th May, 1987, _vide_ notification No. S.O. 518(E), dated 26th May, 1987, _see_ Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 ----- **5. [Amendment of First Schedule to the Constitution].—Rep. by the Repealing and Amending Act,** 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). **6. [Amendment of the Fourth Schedule to the Constitution].—Rep. by s.** 2 and the First Schedule, _ibid. (w.e.f. 3-9-2001)._ **7. Election to fill the seat allotted to the State of Goa.—As soon as may be after the appointed day,** election shall be held to fill the seat allotted in the Council of States to the State of Goa. _The House of the People_ **8. Allocation of seats in the House of the People.—On and from the appointed day, there shall be** allotted two seats to the State of Goa, and one seat to the Union territory of Daman and Diu in the House of the People and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly. **9. Parliamentary constituency of the Union territory of Daman and Diu.—The whole of the** Union territory of Daman and Diu shall form one parliamentary constituency to be called the Daman and Diu 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. **10. Parliamentary constituencies.—On and from the appointed day,—** (a) the Panaji parliamentary constituency, excluding the Daman and Diu assembly constituencies, and the Mormugao parliamentary constituency in the existing Union territory shall be deemed to be the parliamentary constituencies of the State of Goa and accordingly, in Part A of Schedule XXVI to the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, for the figures and words “12-Cumbarjua, 13-Santo Andre, 29-Daman and 30-Diu”, the figures and words “12Cumbarjua and 13-Santo Andre” shall be substituted; (b) the Daman and Diu assembly constituencies in the existing Union territory shall be deemed to comprise the parliamentary constituency of the Union territory of Daman and Diu. **11. Provisions as to sitting members.—(1) The sitting member of the House of the People** representing the Panaji parliamentary constituency which, on the appointed day, by virtue of the provisions of clause (a) of section 10 stands altered and becomes a parliamentary constituency of the State of Goa shall, as from that day, be deemed to have been duly elected to that House by that constituency as so altered. (2) The sitting member of the House of the People representing the Mormugao parliamentary constituency which, on the appointed day, by virtue of the provisions of clause (a) of section 10 becomes a parliamentary constituency of the State of Goa shall, as from that day, be deemed to have been duly elected to that House by that constituency in that State. _The Legislative Assembly_ **12. Provisions as to Legislative Assembly.—On and from the appointed day, the total number of** seats in the Legislative Assembly of the State of Goa to be filled by persons, chosen by direct election from assembly constituencies shall be forty and the Second Schedule to the Representation of the People Act 1950 (43 of 1950), shall be deemed to be amended accordingly. **13. Provisional Legislative Assembly.—(1) Notwithstanding anything contained in this Act** (including provisions relating to the strength of the Legislative Assembly of the State of Goa), on and from the appointed day and until the Legislative Assembly of that State has been duly constituted and summoned to meet for the first session, there shall be a provisional Legislative Assembly which shall consist of,— (a) members elected by the territorial constituencies of the Legislative Assembly of the existing Union territory, other than those members elected by the territorial constituencies of Daman and Diu; and 5 ----- (b) members nominated to that Assembly. (2) The period of five years referred to in clause (1) of Article 172 shall, in the case of provisional Legislative Assembly referred to in sub-section (1), be deemed to have commenced on the date on which the duration of the Legislative Assembly of the existing Union territory commenced under section 5 of the Government of Union Territories Act, 1963 (20 of 1963). (3) For so long as the provisional Legislative Assembly constituted under this section is in existence,— (a) it shall be deemed to be the Legislative Assembly of the State of Goa duly constituted under the Constitution and shall be competent to discharge all the functions of a Legislative Assembly of a State under the Constitution; and (b) the members thereof, referred to in clause (a) of sub-section (1), shall be deemed to be the members of the Legislative Assembly of the State of Goa duly elected under the Constitution. **14.** [Amendment of Delimitation Orders].—Rep. by the Repealing and Amending Act, 2001 _(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ **15. Speaker of the provisional Legislative Assembly.—The person who immediately before the** appointed day is the Speaker of the Legislative Assembly of the existing Union territory shall, on and from that day, be the Speaker of the provisional Legislative Assembly. **16. Rules of procedure.—The rules of procedure and conduct of business of the Legislative** Assembly of the existing Union territory, 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 referred to in section 13; subject to such modifications and adaptations as may be made therein by the Speaker thereof. _Delimitation of constituencies_ **17. 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 Assembly of the State of Goa under section 12 to single-member territorial constituencies and delimit them 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 convenience to the public; and (b) constituencies in which seats are reserved for the Scheduled Castes and 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. (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,— (a) the sitting members of the House of the People referred to in section 11; and (b) such six of the members of the Legislative Assembly of the existing Union territory or, as the case may be, the provisional Legislative Assembly referred to in section 13 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). 6 ----- (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 assembly constituencies shall be laid before the Legislative Assembly of the existing Union territory or, as the case may be, the provisional Legislative Assembly referred to in section 13. **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 mistakes 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 an assembly constituency shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the existing Union territory, the provisional Legislative Assembly referred to in section 13 or the Legislative Assembly of the State of Goa, as the case may be. **19. [Amendment of Scheduled Castes and Scheduled Tribes Orders].—Rep. by the Repealing and** _Amending Act, 2001(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ PART IV HIGH COURT **20. Common High Court for Maharashtra, Goa, Dadra and Nagar Haveli and Daman and** **Diu.—(1) On and from the appointed day,—** (a) there shall be a common High Court for the States of Maharashtra and Goa, and for the Union territories of Dadra and Nagar Haveli, and Daman and Diu, to be called the High Court of Bombay (hereinafter referred to as the common High Court); (b) the Judges of the High Court of Bombay (hereinafter referred to as the existing High Court), holding office immediately before that day shall, unless they have elected otherwise, become, on that day, the Judges of the common High Court. (2) The expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Maharashtra and Goa and the Union in such proportion as the President may, by order, determine. (3) On and from the appointed day, the common High Court shall have, in respect of the territories comprised in the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and Daman and Diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of those territories by the High Court of Bombay. 7 ----- **21. Provision as to advocates.—(1) On and from the appointed day,—** (a) in the Advocates Act, 1961 (43 of 1961), in section 3, in sub-section (1), for Clause (ccc), the following clause shall be substituted, namely:— “(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;”; (b) the Bar Council of Maharashtra shall be deemed to be the Bar Council of Maharashtra and Goa with the Advocate-General of the State of Goa also as an ex officio member. (2) Any person who, immediately before the appointed day, is an advocate entitled to practice in the existing High Court shall be entitled to practice as an advocate in the common High Court. (3) All persons who, immediately before the appointed day, are advocates on the roll of the Bar Council of Maharashtra, shall, as from that day, become advocates on the roll of the Bar Council of Maharashtra and Goa. (4) 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 existing High Court; Provided that as between the Advocates-General of the States of Maharashtra and Goa, the right of audience shall be determined with reference to their dates of enrolment as advocates. **22. 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 existing High Court shall, with the necessary modifications, apply in relation to the common High Court. **23. 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 existing High Court shall, with the necessary modifications, apply with respect to the custody of the seal of the common High Court. **24. 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 existing High Court shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court. **25. 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 existing High Court and with respect to all matters, ancillary to the exercise of those powers shall, with the necessary modification apply in relation to the common High Court. **26. 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 existing High Court 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 within the territories to which the jurisdiction of that High Court extends as the Chief Justice of that High Court may, with the approval of the Governor of the State or the Administrator of the Union territory concerned, appoint. **27. 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 existing High Court and the Judges and 8 ----- division Courts thereof shall, with the necessary modifications, apply in relation to the common High Court. **28. Transfer of proceedings to the common High Court.—(1) All proceedings pending in the** existing High Court 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. **29. Interpretation, etc.—(1) For the purposes of section 28,—** (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. (2) Any person who, immediately before the appointed day, is an advocate entitled to practice in the existing High Court and was authorised to appear or to act in any proceedings transferred from that High Court to the common High Court under section 28 shall have the right to appear or to act, as the case may be, in the common High Court in relation to those proceedings. **30. Saving.—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 provision. PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION AND REVENUES **31. 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 Goa 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 Goa: Provided that the Governor of Goa may, after the appointed day, authorise by order such further expenditure as he deems necessary from the Consolidated Fund of the State of Goa for any period not extending beyond the said period of six months. (2) The President or, as the case may be, the Governor of Goa shall make separate orders under sub-section (1) in respect of periods falling in different financial years. (3) 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 months beginning with the appointed day for the administration of the affairs of the Union territory of Daman and Diu pending the sanction of such expenditure by Parliament. **32. Reports relating to the accounts of the existing Union territory.—(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 in respect of any period prior to the appointed day, shall be submitted to the Governor of the State of Goa and the President who shall cause them to be laid before the Legislative Assembly of that State or the House of the People, as the case may be. 9 ----- (2) The Governor may, by order,— (a) declare any expenditure incurred out of the Consolidated Fund of the existing Union territory on any service in respect of any period prior to the appointed day during the financial year 1987-88 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 report 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. **33. Distribution of revenues.—The President shall, by order, determine the grants-in-aid of the** revenues of the State of Goa 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 Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Union Duties of Excise (Distribution) Act, 1979 (24 of 1979), the Estate Duty (Distribution) Act, 1962 (9 of 1962) and the Construction (Distribution of Revenues) Order,1985 in such manner as he thinks fit. PART VI ASSETS AND LIABILITIES **34. Definition.—In this Part “Union purposes” means the purposes of Government relatable to any of** the matters mentioned in List I in the Seventh Schedule to the Constitution. **35. Land and goods.—(1) Subject to the other provisions of this Part, all land and all stores, articles** and other goods held immediately before the appointed day, by the Union for the purposes of the governance of the existing Union territory, shall, on and from that day, pass to the State of Goa, unless any such land, stores, articles or goods are situate in the districts of Daman and Diu of the existing Union territory or are held for Union purposes: Provided that where the Central Government is of the opinion that any goods or class of goods should be distributed 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. (2) The stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall be retained by the Union if such institution, workshop, undertaking or work is situated in the districts of Daman and Diu of the existing Union territory. (3) In this section, the expression “land” includes immovable property of every kind and any rights in or over such property. **36. Cash balances.—The total of the cash balances in all treasuries, the Reserve Bank of India, the** State Bank of India and any nationalised bank, of the existing Union territory immediately before the appointed day shall be divided between the State of Goa and the Union according to the population ratio: Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the balances in the books of the Reserve Bank of India. _Explanation.—In this section, “balance” includes a debit balance._ **37. Arrears of taxes.—(1) The right to recover arrears of any tax or duty (including arrears of land** revenue) on any property situated in the district of Goa of the existing Union territory shall belong to the State of Goa. (2) The right to recover arrears of any tax or duty, other than a tax or duty specified in sub-section (1), shall belong to the State of Goa if the place of assessment of that tax or duty is included in the district of Goa of the existing Union territory. **38. Right to recover loans and advances.—The right to recover any loans or advances made by the** Union before the appointed day to any local body, society, agriculturist or other person in the district of Goa of the existing Union territory shall belong to the State of Goa: 10 ----- Provided that right to recover loans or advances of pay and travelling allowance to a Government servant made before the appointed day by the Administrator shall pass to the State of Goa if such Government servant is allotted to that State. **39. Investments in and loans, etc., to certain corporate bodies.—Where any body corporate** constituted under a Central Act or a State Act for the existing Union territory, 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 by the Union made before the appointed day shall be divided between the State of Goa and the Union in such manner as may be agreed between them before the expiration of one year from the appointed day, or in default of such agreement in such manner as the Central Government may, by order, direct. **40. Assets and liabilities of State undertakings.—The assets and liabilities relating to any** commercial undertaking of the existing Union territory shall,— (a) if the undertaking is located in the district of Goa of the existing Union territory, pass to the State of Goa; (b) if the undertaking is located in the district of Goa, as well as the districts of Daman and Diu, of the existing Union territory, be divided in such manner as may be agreed upon between the State of Goa and the Union before the expiration of one year from the appointed day, or in default of such agreement, as the Central Government may, by order, direct. **41. Refund of taxes collected in excess.—The liability of the Union to refund—** (a) any tax or duty on property, including land revenue collected in excess shall go to the State of Goa if the property is situated in the district of Goa of the existing Union territory; (b) any other tax or duty collected in excess shall go to the State of Goa if the place of assessment of that tax or duty is included in the district of Goa of the existing Union territory. **42. Certain deposits.—The liability of the Union in respect of any civil deposit or local fund shall,** on and from the appointed day, be the liability of the State of Goa, if the deposit has been made in the district of Goa of the existing Union territory. **43. Provident fund.—(1) The liability of the Union in respect of the provident fund account of a** Government servant employed in connection with the administration of the existing Union territory and in service on the appointed day shall, on and from that day, be the liability of the State of Goa if that Government servant is permanently allotted to that State. (2) The liability of the Union in respect of the provident fund account of a Government servant employed in connection with the administration of the existing Union territory who has retired from service before the appointed day shall be the liability of the State of Goa in the first instance and shall be adjusted between the State of Goa and the Union according to the population ratio. **44. Pensions granted by the Administrator, etc.—(1) Subject to the adjustments mentioned in** sub-section (4), the State of Goa shall, in respect of pensions granted before the appointed day by the Administrator, pay the pensions drawn in the treasuries in the Goa district of the existing Union territory. (2) Subject to the adjustments mentioned in sub-section (4), the liability in respect of pensions of Government servants employed in connection with the affairs of the existing Union territory who retire or proceed on leave preparatory to retirement before the appointed day but whose claims for pensions are outstanding immediately before that day, shall be the liability of the State of Goa. (3) The liability of the Union in respect of pensions granted before the appointed day by the Administrator and drawn in any treasury outside the existing Union territory shall be the liability of the State of Goa subject to adjustments to be made in accordance with sub-section (4), as if such pensions had been drawn in the treasuries referred to in sub-section (1). (4) In respect of the period commencing on the appointed day and ending on the 31st day of March, 1988, and in respect of each subsequent financial year, the total payments made by the State of Goa in 11 ----- respect of pensions referred to in sub-section (1) and sub-section (2) shall be apportioned between the State of Goa and the Union in the population ratio. (5) The liability in respect of the pension of any Government servant employed immediately before the appointed day in connection with the affairs of the existing Union territory and retiring on or after that day, shall be that of the State of Goa or the Union, as the case may be, but the portion of the pension in respect of the period of service of any such Government servant before the appointed day shall be apportioned between the State of Goa and the Union in the population ratio. (6) Any reference in this section to a pension shall be construed as including a reference to the commuted value of the pension. **45. Contracts.—(1) Where before the appointed day, the Union has made any contract in the exercise** of its executive power for any purposes of the existing Union territory that contract shall be deemed to have been made in the exercise of the executive power of the State of Goa,— (a) if the purposes of the contract are, on and from the appointed day, exclusively purposes of that State; and (b) if the purposes of the contract are, on and from that day, not exclusively purposes of any area in the districts of Daman and Diu of the existing Union territory, 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 Union, be rights or liabilities of the State of Goa: Provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustments as may be agreed upon between the State of Goa and the Union or in default of such agreement, as the Central Government may, by order, direct. (2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract— (a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and (b) any liability in respect of expenses incurred in, or in connection with, any such proceedings. (3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations. **46. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the** Union in connection with the governance of the existing Union territory 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 district of Goa of the existing Union territory, be a liability of the State of Goa; and (b) in any other case, be initially a liability of the State of Goa but subject to such financial adjustments as may be agreed upon between the State of Goa and the Union, or in default of such agreement, as the Central Government may, by order, direct. **47. Liability as guarantor of co-operative societies.—Where, immediately before the appointed** day, the Union in connection with the governance of the existing Union territory is liable as guarantor in respect of any liability of a registered co-operative society or other person, that liability of the Union shall be a liability of the State of Goa— (a) if the area of the operations of such society or person is limited to the territories in the district of Goa of the existing Union territory; and (b) if the area of the operations of such society or person extends to the whole of the existing Union territory: 12 ----- Provided that in any such case as is referred to in clause (b), the initial allocation of liabilities under this section shall be subject to such financial adjustments as may be agreed upon between the State of Goa and the Union or in default of such agreement, as the Central Government may, by order, direct. **48. 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. **49. Residuary provision.—The benefit or burden of any assets or liabilities of the Union in** connection with the governance of the existing Union territory not dealt with in the foregoing provisions of this Part shall be retained by the Union for the purposes of the governance of the Union territory of Daman and Diu. **50. Apportionment of assets or liabilities by agreement.—Where the State of Goa and the Union** 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. **51. Power of Central Government to order allocation or adjustment in certain cases.—Where,** by virtue of any of the provisions of this Part, the Union becomes entitled to any property or obtains any benefits or the State of Goa becomes subject to any liability, and the Central Government is of opinion on a reference made within a period of three years from the appointed day by the State of Goa that it is just and equitable that that property or those benefits should be transferred to, or shared with, the State of Goa or that a contribution towards that liability should be made by the Union the said property or benefits shall be allocated in such manner, or the Union shall make to the State of Goa such contribution in respect thereof, as the Central Government may, after consultation with the Government of the State of Goa by order, determine. PART VII PROVISIONS AS TO ARRANGEMENTS, CORPORATIONS AND INTER-STATE AGREEMENTS **52. Continuance of certain arrangements.—Where any arrangement in regard to the supply of** electric power or the supply of water for any area in the districts of Daman and Diu of the existing Union territory or in regard to the execution of any project for such supply from an area included in the State of Goa by the provisions of Part II exists, such arrangement will be continued, unless terminated by agreement, between the State of Goa and the Union in accordance with such terms and conditions as may be mutually agreed upon by the State Government of Goa and the Union within a period of one year from the appointed day, and, where no such agreement is arrived at within such period, the Central Government may give such directions as it deems fit to that State Government or the authority concerned for the continuance, so far as is practicable, of the previous arrangement. **53. Provision as to co-operative banks.—Notwithstanding anything contained in section 22 of** the Banking Regulation Act, 1949 (10 of 1949), where by virtue of the provisions of Part II, a cooperative bank is newly formed on the appointed day or within three months thereof in the State of Goa or the Union territory of Daman and Diu, it may commence and conduct banking business without obtaining a licence under that section from the Reserve Bank of India, until it is granted such a licence or until it is informed by the Reserve Bank of India that such a licence cannot be granted to it: Provided that such bank applies to the Reserve Bank of India for such a licence within a period of three months from the date of formation of the Bank. **54. General provisions as to statutory corporations.—(1) Where any body corporate constituted** under any Central Act, State Act or Provincial Act for the existing Union territory 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. 13 ----- (2) Any direction 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. **55. 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 in the existing Union territory 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 up to the 31st day of March,1988, 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 of Goa add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. (2) No toll, entrance fees or other charges of a like nature shall be levied for a period up to and inclusive of the 31st day of March, 1988, in respect of any transport vehicle for its operations in either the State of Goa or the Union territory of Daman and Diu under any such permit, if such vehicle was immediately before that day exempt from the payment of any such toll, entrance fees or other charges for its operations within the existing Union territory: Provided that the Central Government may, after consultation with the State Government of Goa authorise the levy of any such toll, entrance fees or other charges, as the case may be. **56. Special provision relating to retrenchment compensation in certain cases.—Where, by virtue** of the provisions of Part II, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to cooperative societies or any commercial or industrial undertaking 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, section 25FF or section 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, section 25FF or section 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. **57. Special provision as to income-tax.—Where the assets, rights and liabilities of** any body 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 of 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 apportionment, 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. 14 ----- **58. Continuance of existing facilities in certain institutions.—On and from the appointed day, the** Government of Goa shall, in respect of the technical institutions located in the State of Goa continue to provide facilities to the persons resident in the territories comprising the Union territory of Daman and Diu which shall not in any respect be less favourable than those which were being provided to them immediately before that day upon such terms and conditions (including those relating to any contribution or payment to be made for the provisions of such facilities) as may be agreed upon between the State of Goa and the Union before the 1st day of April, 1988, or if no such agreement is reached by the said date, as may be fixed by the order of the Central Government. PART VIII PROVISIONS AS TO SERVICES **59. 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, and (c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966. (2) The strength and composition of the State Cadre of Goa shall, on and from the appointed day, be such as is determined by the Central Government in consultation with the State Government. (3) The members of each of the said Services borne on the Union territories cadre immediately before the appointed day shall continue to be in the cadre of the same service of the Union territory in which they stand allocated before the appointed day. (4) Nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the All India Services Act, 1951 (61 of 1951), or the rules made thereunder, in relation to the State cadres of the said services and in relation to the members of those services borne on the said cadres. **60. Provisions relating to other services.—(1) Every person employed in connection with the affairs** of the Union territory or the State of Goa and serving, immediately before the appointed day, in the district of Goa of the existing Union territory shall, on and from that day,— (a) continue to serve in connection with the affairs of the State of Goa; and (b) be deemed to be provisionally allotted to serve in connection with the affairs of the said State: Provided that nothing in clause (b) shall apply to a person to whom the provisions of section 59 apply or to a person on deputation from any State. (2) As soon as may be after the appointed day, the Central Government shall by general or special order, determine whether every person referred to in clause (b) of sub-section (1) shall be finally allotted for service in the State of Goa or under the Union in connection with the affairs of the Union territory of Daman and Diu and the date with effect from which such allotment shall take effect or be deemed to have taken effect. (3) Every person who is finally allotted under the provisions of sub-section (2) to the State of Goa or the Union shall, if he is not already serving therein or thereunder be made available for serving in that State or under the Union from such date as may be agreed upon between the State of Goa and the Union or in default of such agreement, as may be determined by the Central Government. (4) As soon as may be after the Central Government passes orders finally allotting an employee in terms of sub-section (2), the State of Goa or the Union shall take steps to integrate him into the services under its control in accordance with such special or general orders or instructions as may be issued by the Central Government from time to time in this behalf. 15 ----- (5) The Central Government may, by order establish one or more Advisory Committees for the purpose of assisting it in regard to— (a) the division of the services between the State of Goa and the Union; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons: Provided that notwithstanding anything to the contrary contained in any law or rule for the time being in force, no representation shall be against any order passed by the competent authority on matters arising out of the division and integration of services under this Act, on the expiry of three months from the date of publication or service, whichever is earlier, of such order: Provided further that, notwithstanding anything contained in the preceding proviso, the Central Government may suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such orders thereon, as may appear to it to be appropriate if it is satisfied that it is necessary so to do, in order to prevent any miscarriage of justice to any affected employee. (6) Nothing in this section 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 the determination of the conditions of service of persons serving in connection with the affairs of the State of Goa or the Union: Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government. (7) All service prior to the appointed day rendered by a person allotted under sub-section (2) in connection with the affairs of the existing Union territory shall for purposes of the rules regarding his conditions of service, be deemed to have been rendered in connection with the affairs of the State or the Union to which he is finally allotted. (8) The provisions of this section other than clause (a) of sub-section (1) shall not apply in relation to any person to whom the provisions of section 59 apply. **61. Provisions as to continuance of officers in the same posts.—Every person who immediately** before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing Union territory shall continue to hold the same post or office and shall be deemed, on and from that day, to have been duly appointed on the same terms and conditions of appointment and on the same tenure to that post or office by the Government of, or the other appropriate authority, in the State of Goa or of the Union, as the case may be: 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. **62. Powers of Central Government to give directions.—The Central Government may give such** directions to the State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the said Government shall comply with such directions. PART IX LEGAL AND MISCELLANEOUS PROVISION **63. [Amendment of certain Articles].—Rep. by the Repealing and Amending Act,** 2001 _(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ **64. [Amendment of Act 37 of 1956].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).** **65. [Amendment of Act 20 of 1963].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001).** **66. 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 16 ----- applies, and the territorial references in any such law to the existing Union territory shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within the existing Union territory before the appointed day. **67. Power to adapt laws.—For the purpose of facilitating the application in relation to the State of** Goa or the Union territory of Daman and Diu 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, (i) in its application to the State of Goa, the State Government, and (ii) in its application to the Union territory of Daman and Diu, the Central Government. **68. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been** made under section 67 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 Goa, or the Union territory of Daman and Diu 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. **69. Provisions as to continuance of courts, etc.—All courts and tribunals and all authorities** discharging lawful functions throughout the existing Union territory 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. **70. 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. **71. 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: Provided that no such order shall be made after the expiry of three years from the appointed day. (2) Every order made under this section shall be laid before each House of Parliament. **72. Power to make rules.—(1) The Central Government may, by notification, 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 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 17 ----- [THE FIRST SCHEDULE].—Rep. _by_ _the_ _Repealing_ _and_ _Amending_ _Act,_ 2001 _(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001)._ [THE SECOND SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 18 -----

23-May-1987

16

The Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1884/2/A1987-16.pdf

central

# THE GOA, DAMAN AND DIU MINING CONCESSIONS (ABOLITION AND DECLARATION AS MINING LEASES) ACT, 1987 _____________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. 3. Act to override all other enactments, etc. CHAPTER II ABOLITION OF MINING CONCESSIONS AND DECLARATION AS MINING LEASES UNDER THE MINES AND MINERALS ACT 4. Abolition, etc., of mining concessions. 5. General effect of declaring the mining concessions to be mining leases. CHAPTER III PAYMENT OF AMOUNTS 6. Payment of amounts to concession holders. 7. Payment of further amount. CHAPTER IV COMMISSIONER OF PAYMENTS 8. Commissioner of Payments to be appointed. 9. Payment by the Central Government to the Commissioner. 10. Claims to be made to the Commissioner. 11. Liability of Central Government to end on payment of claim. 12. Disputes how to be dealt with. 13. Undisbursed or unclaimed amount to be deposited to the general revenue account. CHAPTER V MISCELLANEOUS 14. [Repealed.] 15. Penalties. 16. Offences by companies. 17. Protection of action taken in good faith. 18. Delegation of powers. 19. Declaration as to the policy of the State. 20. Power to make rules. 21. Power to remove difficulties. 22. Validation. THE FIRST SCHEDULE. THE SECOND SCHEDULE. 1 ----- # THE GOA, DAMAN AND DIU MINING CONCESSIONS (ABOLITION AND DECLARATION AS MINING LEASES) ACT, 1987 ACT NO. 16 OF 1987 [23rd May, 1987.] # An Act to provide for the abolition of the mining concessions in operation in the Union territory of Goa, Daman and Diu and specified in the First and the Second Schedules, and for the declaration of such mining concessions as mining leases under the Mines and Minerals (Regulation and Development) Act, 1957 with a view to the regulation of the mines to which such concessions relate and for the development of minerals under the control of the Union and for matters connected therewith or incidental thereto. WHEREAS certain mining concessions have been granted in perpetuity under the former Portuguese Mining Laws (Decree of 20th day of September, 1906) in the territories now included in the Union territory of Goa, Daman and Diu by the former Portuguese Government and by the Government of Goa, Daman and Diu: AND WHEREAS the aforesaid mining laws have ceased to be in force and doubts have been expressed as to whether such mining concessions are mining leases within the meaning of the Mines and Minerals (Regulation and Development) Act 1957 (67 of 1957): AND WHEREAS it is expedient in the public interest to abolish such mining concessions and declare them as mining leases under the aforesaid Act for the purpose of making the provisions of that Act applicable to the mines to which such concessions relate with a view to the regulation of such mines and for the development of minerals under the control of the Union so as to subserve the common good: BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title.—This Act may called the Goa, Daman and Diu Mining Concessions (Abolition and** Declaration as Mining Leases) Act, 1987. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) ―appointed day‖ means the 20th day of December, 1961; (b) ―Commissioner‖ means the Commissioner of Payments appointed under section 8; (c) ―concession holder‖ means a person who has been granted a mining concession; (d) ―date of assent‖ means the date on which the assent is given by the President to this Act; (e) ―Goa, Daman and Diu‖ means the Union territory of Goa, Daman and Diu; (f) ―mines and Minerals Act‖ means the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957); (g) ―mining concession‖ means a mining concession granted under the Portuguese Colonial Mining Laws, 1906 (Decree of 20th September, 1906); (h) ―notification‖ means a notification published in the Official Gazette; (i) ―prescribed‖ means prescribed by rules made under this Act; (j) ―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; 2 ----- (k) words and expressions used and not defined, but defined in the Mines Act, 1952 (35 of 1952) or the Mines and Minerals Act, shall have the meanings, respectively, assigned to them in those Acts. **3. Act to override all other enactments, etc.—The provisions of this Act shall have effect** notwithstanding anything inconsistent therewith contained in any enactment (other than this Act), or any judgment, decree or order of any court, tribunal or other authority or any instrument having effect by virtue of any enactment other than this Act. CHAPTER II ABOLITION OF MINING CONCESSIONS AND DECLARATION AS MINING LEASES UNDER THE MINES AND MINERALS ACT **4. Abolition, etc., of mining concessions.—(1) Every mining concession specified in the First** Schedule shall, on and from the appointed day, be deemed to have been abolished, and shall, with effect from that day, be deemed to be a mining lease granted under the Mines and Minerals Act, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease. (2) Every mining concession specified in the Second Schedule shall, on and from the day next after the date of grant of the said concession and specified in the corresponding entry in the eighth column of the said Schedule, be deemed to have been abolished and shall, with effect from that day, be deemed to be a mining lease granted under the Mines and Minerals Act, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease. (3) If, after the date of assent, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of any mining concession or the name and residence of any concession holder specified in the First or the Second Schedule, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification, the First or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly. **5. General effect of declaring the mining concessions to be mining leases.—(1) Where a mining** concession has been deemed to be a mining lease under section 4, the concession holder shall, on and from the day mentioned in that section, be deemed to have become the holder of such mining lease under the Mines and Minerals Act in relation to the mine to which the mining concession relates, subject to the condition that the period of such lease shall, notwithstanding anything contained in that Act, extend up to a period of six months from the date of assent. (2) On the expiry of the period of any mining lease under sub-section (1), it may, if so desired by the holder of such lease and on an application being made by him in accordance with the provisions of the Mines and Minerals Act and the rules made thereunder, be renewed on such terms and conditions, and up to the maximum period for which, such lease can be renewed under the provisions of that Act and the rules made thereunder. CHAPTER III PAYMENT OF AMOUNTS **6. Payment of amounts to concession holders.—Every concession holder specified in the second** column of the First and the Second Schedules shall be given by the Central Government, in cash, and in the manner specified in Chapter IV, for the abolition of the mining concessions held by him, and declaring it as a mining lease, under section 4, an amount equal to the amount specified against him in the corresponding entry in the eighth column of the First Schedule and the ninth column of the Second Schedule, as the case may be. **7. Payment of further amount.—(1) There shall also be given by the Central Government, in cash,** to every concession holder specified in the second column of the First and the Second Schedules, simple interest at the rate of four per cent. per annum on the amount specified against such concession holder in the corresponding entry in the eighth column of the First Schedule and the ninth column of the Second Schedule, as the case may be, for the period commencing on the date of assent and ending on the date of payment of such amount to the Commissioner. 3 ----- (2) The amount referred to in sub-section (1) shall be in addition to the amount specified in the First Schedule or the Second Schedule, as the case may be. CHAPTER IV COMMISSIONER OF PAYMENTS **8. Commissioner of Payments to be appointed.—(1) For the purpose of disbursing the amounts** payable to the concession holders under this Act, the Central Government shall appoint such person as it may think fit to be the 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. **9. 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 concession holders, a sum equal to the sum specified against the mining concessions in the First and the Second Schedules, together with the amount of interest referred to in section 7. (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 each of the concession holder in relation to which payments have been made to him under this Act. (4) Interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall enure to the benefit of the concession holders. **10. Claims to be made to the Commissioner.—(1) Every concession holder, having a claim for the** payment of the amount referred to in section 6, 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. (2) The Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim. (3) 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 any 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. (4) Every claimant, who fails to file the proof of his claim within the time specified by the Commissioner, shall be excluded from the disbursement made by the Commissioner. (5) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the concession holder, a reasonable opportunity of being heard, by order in writing admit or reject the claim in whole or in part. (6) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he will hold his sittings and shall, for 4 ----- 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 any witnesses. (7) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (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). (8) 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 relevant mine is situated. **11. Liability of Central Government to end on payment of claim.—After admitting a claim under** this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due, and, on such payment, the liability of the Central Government in respect of such claim shall stand discharged. **12. Disputes how to be dealt with.—In the event of there being a doubt or dispute as to the right of a** person to receive the whole or any part of the amount referred to in section 6 or section 7, the Commissioner shall refer the matter to the court for a decision, and shall make the disbursement in accordance with the decision of the court. _Explanation.—In this section ―court‖, in relation to a mining concession, means the principal civil_ court of original jurisdiction within the local limits of whose jurisdiction the mines relating to such concession is situated. **13. Undisbursed or unclaimed amount to be deposited to the general revenue account.—Any** money paid to the Commissioner which remains undisbursed or unclaimed after such payment for a period of three years shall be transferred by the Commissioner to the general revenue account of the Central Government; but a claim to any money transferred may be preferred to the Central Government by the concession holder entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for the payment of the claim being treated as an order for the refund of revenue. CHAPTER V MISCELLANEOUS **14. [Amendment of Act 67 of 1957.]—Rep. by Repealing and Amending Act, 2001** (30 of 2001), s.2 _and The First Schedule (w.e.f. 3-9-2001)._ **15. Penalties.—Any person who contravenes the provisions of 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. **16. 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. 5 ----- (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 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. **17. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Central Government or any officer or other employee of that Government, or any person authorised by that Government for 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 officer or other employee of that Government or any person authorised by that Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act. **18. 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 20 and 21,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. **19. 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 clauses (b) and (c) of Article 39 of the Constitution. _Explanation.—In this section, ―State‖ has the same meaning as in Article 12 of the Constitution._ **20. Power to make rules.—(1) The Central Government may, by notification, 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. **21. 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 of assent. **22. Validation.—(1) Notwithstanding anything in any other law for the time being in force or any** judgment, decree or order of any court, tribunal or other authority,— (a) every concession holder shall, for the period commencing on and from the date when his mining concession had been declared to be a mining lease and ending with the date of expiry of the period of his lease under the provisions of this Act (hereafter in this section referred to as the said period), be liable to pay the dead rent or, as the case may be, royalty, due in respect of such lease under the provisions of the Mines and Minerals Act and the rules made thereunder, and such amount shall, save as otherwise provided in this section, be recoverable from him; 6 ----- (b) any amount paid by the concession holder for the said period, either as a fixed tax or as a proportional tax, or both, or as a royalty under protest shall be deemed to have been dead rent or, as the case may be, royalty, paid in accordance with law and such amounts shall not be liable to be refunded; and (c) due credit of all such amounts paid by a concession holder under clause (b) shall be given to him in determining the dead rent or, as the case may be, royalty payable by him under clause (a), as if this Act and the Mines and Minerals Act and the rules made thereunder had been in force at all material times, and accordingly— (i) no suit or other proceeding shall be instituted, maintained or continued in any court or other authority against the Government or any person or authority whatsoever for the refund of any amounts paid by a concession holder under clause (b); and (ii) no court shall enforce any decree or order directing the refund of any amounts so paid, on the ground that the mining concession is not a mining lease. (2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed as preventing any person,— (a) from questioning, in accordance with the provisions of the Mines and Minerals Act and the rules made thereunder, the assessment of any dead rent or royalty for the said period; or (b) from claiming refund of any dead rent or royalty paid by him in excess of the amount due from him under the Mines and Minerals Act and the rules made thereunder. 7 ----- THE FIRST SCHEDULE [See sections 4(1), 6, 7 and 9(1)] DETAILS OR MINING CONCESSIONS ABOLISHED AND DECLARED AS MINING LEASES ON AND FROM THE APPOINTED DAY Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 1. Maria Severina Fernandes ora Camilo Agostinho Elias Fernandes, of Aldona (cabesacasal). 2. Domingos Jose Fernandes, of Aldona. 3. Naria Alice Sodder Pereira of Vasco da Gama. 4. Timblo Irmaos Ltda, of Margao. 5. Xeo Abdul Kadat, of Sanguem. 6. Maria Seani Rephael, of Curchorem. 7. Maria SeaniRephael, of Curchorem. 8. Empresa Minero Comercila, of Goa. 9. Gangadhar N. Agrawal, of Margao. 10. Companhia Nacional Agency, of Ponda. 11. Rajarama Naraina X Bandecar, of Vasco da Gama. 12. Comphania Mineira Dempo and Souza Ltda, of Goa. 13. Comphania Mineira Dempo and Souza Ltda, of Goa. Anvalitembo Fe/ Mang Lamgao Iron Lamgao Bicholim 11 of 20-8-1941 14,300 Vagachiper Ditto Bicholim Ditto 12 of 20-8-1941 14,300 8 Vadem Sanguem 2 of 30-1-1929 14,300 Paicatembo Ditto Netorlim Ditto 1 of 26-8-1931 13,900 Aili Vagurbem Ditto Sancordem Ditto 1 of 4-4-1937 14,300 Bandodongor Cumbiadongor Ditto Verlem Ditto 1 of 19-3-1941 9,300 Cudoitembo Ditto Bati Ditto 3 of 19-3-1941 7,900 Amvandongor Ditto Curpem Ditto 5 of 19-3-1941 12,500 Nidgulamoll dongor Choriacho tembo dongor Iron Calem Ditto 6 of 19-3-1941 11,900 Ditto Bimbol of Calem Ditto 7 of 19-3-1941 13,900 Huldool dongor Ditto Ditto Ditto 8 of 19-3-1941 14,300 Mollo or Moroda Fe/ Mang Darbandora Ditto 9 of 19-3-1941 14,300 Nundem deulavoril dongor Ditto Nundem Ditto 10 of 20-8-1941 14,200 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 14. ComphaniaMineira Dempo and Souza Ltda, of Goa. 15. Comphania Mineira Dempo &Souza Ltda, of Goa. 16. Comphania Mineira Dempo and Souza Ltda, of Goa. 17. Firm Elesbao Pereira and Sons Ltda, of Mormugao. 18. Kurnool M.V. Maneer, of Bellery. 19. Hiri BomboGaunco, of Margao. 20. CompanhiaNaciona l Agency, of Penda. 21. Firm S. Kantilal & Cia. Ltda, of Margao. 22. Shri Rajaram N.X. Bandekar, of Vasco. 23. Firm Chowgule & Cia. Ltd, ofMarmagao. 24. Hiralal Khodidas, of Goa. 25. Lidia Belinda Simoes, of Goa. 26. Bascora Seguna Corpo, ofVasco. 27. Sociedade Mineira Goesa, of Panaji. 28. Sociedade Mineira Goesa, of Panaji. Gaotoor Iron Bordem Bicholim 13 of 20-8-1941 14,300 Macarxendo & Mauling-todcho Dongor Chireachea Ambeacodil Dongurli and Cantonachi tembo Toticho mor dongor Ditto Mulgao Ditto 14 of 20-8-1941 14,300 Mandurbaga Ditto Ditto Ditto 15 of 20-8-1941 14,300 Padepanos Fe/ Mang Sancordem Sanguem 17 of 22-10-1941 2,900 Vaguem Ditto Melauli Satari 1 of 8-7-1942 14,400 Santana tembo Ditto Vichundrem Sanguem 1 of 6-10-1947 2,900 Gonoxirem Ditto Verlem Ditto 2 of 24-4-1949 13,400 Shirgal Muddi Ditto Salauli Ditto 3 of 13-6-1949 14,300 Monte de Sirigao Iron Sirigao Bicholim 4 of 17-6-1949 14,300 CudplegaichoGuer–Dongor Gogoro or Gulcan Dongor Ditto Ditto Ditto 5 of 8-7-1949 14,300 Fe/Man g Colomba Sanguem 6 of 11-7-1949 10,100 Vagatto Ditto Ditto Ditto 7 of 5-8-1949 9,900 Cuncdacho Gholl Ditto Gudnem Bicholim 8 of 12-8-1949 14,000 Ditto Maulinguem Ditto 9 of 23-9-1949 13,300 Ditto Ditto Ditto 10 of 23-9-1949 11,300 9 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 29. Gurudas Timblo, of Margao. 30. Firm Chowgule &Cia. Ltd, of Marmagao. 31. Eurico da Silva Ataide e T. De Noronha, of Maem. 32. Firm S. Kantilal & Cia. Ltd., of Margao. 33. Atmarama X. Poi Palondicar, of Margao. 34. Aleixo Caetano Cardoso, of Raia. 35. Gopinata Sinai Garco, of S. Lourenco. 36. Firm Chowgule & Cia. Ltd., of Marmagao. 37. Firm S. Kantilal & Cia. Ltd., of Margao. 38. Quiteria Maria Gonsalves Noronha. 39. Firm V.S. Dempo & Cia. Ltd., of Goa. 40. Rajaram Rangaji Poinguincar, of Ponguinim. 41. Mahamed Osman Muhamed Hashan, of Margao. 42. Firm Damodar Mangalji & Cia. Ltd., of Goa. 43. Xec Abdul Kadar, of Sanguem. Gogolatembo Ditto Malcornem Quepem 11 of 4-11-1949 9,400 Goigonem Iron Mahem Bicholim 13 of 18-11-1949 10,400 Sem denom, esp. Ditto Navelim Ditto 1 of 13-1-1950 3,200 Arembata Ditto Aturli Bicholim 3 of 13-1-1950 3,000 Govala Ditto Gautona Ditto 4 of 13-1-1950 7,300 Paicatembo Ditto Villiena Sanguem 5 of 23-1-1950 10,400 Godhodo Ditto Colomba Ditto 6 of 27-1-1950 5,600 Culnavoril Sodo Ditto Dudal Ditto 7 of 30-1-1950 5,600 Chirabande Vali Ditto Patiem Ditto 8 of 24-2-1950 11,800 Cuditembo Ditto Curpem Ditto 10 of 24-2-1950 8,900 Costimol Ditto Costi Ditto 11 of 24-2-1950 4,900 Usqui Mordi Ditto Netorlim Ditto 12 of 27-2-1950 14,300 10 Orpale Anturlichem, etc. Molhadvona, Concramoli Fe/ Mang Ditto Ditto 14 of 18-11-1949 13,800 Iron Sancordem Sanguem 16 of 23-12-1949 12,200 Hunantlo Dongor Fe/ Mang Colomba Ditto 17 of 23-12-1949 6,400 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 44. Xec Abdul Kadar, of Sanguem. 45. Firm Metha & Cia. Ltd., of Vasco da Gama. 46. Roguvir Naraina Lotlecar, of Margao. 47. Roguvir Naraina Lotlecar, of Margao. 48. Gurudas Timblo, of Margao. 49. Firm Damodar Mangalji & Cia. Ltd., of Goa. 50. Quiteria Maria Gonsalves Noronha, of Margao. 51. Firm Chowgule &Cia. Ltd., of Margao. 52. Firm Chowgule & Cia. Ltd., of Margao. 53. Mandyan A. Parthasarthy, of Pernem. 54. Firm V.M. Salgaoncar e Irmao Ltd., of Vasco da Gama. 55. Sociedade Shri Mahalaximi Cia. Mineira Ltd., of Netorlim. 56. Marcos Marcelino P. De Souza, of Pileme. 57. Marcos Marcelino P. De Souza, of Pilerne. 58. Prafula Rajarama Hede, of Goa. Chinchigalchi Calmati Godcavadea Javalachem Upor & Nagonim Buroda Fe/ Mang Tudou Sanguem 13 of 27-2-1950 14,200 Tilo dongor, etc. Ditto Curdi Ditto 14 of 27-2-1950 4,900 Bandadongor Ditto Verlem Ditto 15 of 13-3-1950 10,100 Bonquidongor or Bonquitembo Ondea Cail Mol, etc. Ditto Ditto Ditto 16 of 13-3-1950 8,100 Ditto Pale Bicholim 17 of 27-3-1950 13,200 Maulingmolo Ditto Carapur Ditto 19 of 21-4-1950 3,100 Udo Dongor Ditto Colomba Sanguem 20 of 21-4-1950 14,300 Deureamvoilo tembo Paratembo Dongurli, etc. Sem denominacao especial Dudaliacha Gauntonavoril Sodo e Gitoneasoda Maccdeatolem Mamatembo Ditto Vichundrem Ditto 21 of 5-5-1950 7,400 Ditto Costi Ditto 22 of 5-5-1950 9,000 Ditto Zorulem Pernem 23 of 8-5-1950 14,300 Iron Dudal Sanguem 24 of 12-5-1950 13,000 Fe/ Mang Jaqui of Netorlim Ditto 27 of 5-6-1950 10,400 Tasmsurly Ditto Dandola Ponda 28 of 12-6-1950 12,900 Calamatembi Ditto Tiurem Ditto 29 of 12-6-1950 13,800 Iron Colem Sanguem 30 of 16-6-1950 11,800 11 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 59. Sociedade Timblo Irmaos Ltd., of Margao. 60. Firm V.M. Salgaoncar e Irmao Ltd., of Vasco da Gama. 61. Sociedade Timblo Irmaos Ltd., of Margao. 62. Gangadhar Narsingdas Agrawal, of Margao. 63. Raia Porobo Baticar, of Sanguem. 64. Nilconta Jaganata Coulecar, of Mapusa. 65. Manohar H.N. Naik, Parulekar. 66. Vishwasrao D. Chowgule, of Vasco da Gama. 67. Lidia Belinda Simoes, of Goa. 68. Xec Mohamed Issac, of Goa. 69. Madeva Upendra Sinai Talaulikar, Panaji. 70. Firm V.S. Dempo & Cia. Ltd., of Goa. 71. Vassudeva N. Sarmalkar, of Margao. 72. Dinanata Mucunda S. Cuvelcar, of Raia. 73. Gurudas Timblo, of Margao. Devandongor Fe/ Mang Zamblimol &Cicilitembo Chivanritembo or Chivaridogor Rivona Sanguem 31 of 7-7-1950 8,900 Motto Ditto Revora Bardez 32 of 7-7-1950 4,900 Borga Ditto Rivona Sanguem 34 of 2-10-1950 12,800 Chandsuriacho Fatravoril dongor Ditto Netorlim Ditto 35 of 2-10-1950 14,200 Perchotembo Ditto Batie Cumbari Ditto 37 of 10-10-1950 10,000 Codeachem Devonavoril Molentil Zaga Gundegally or Chendo Citeiros que ficam de ambos os lados de linha ferrea, etc. Molietembo Maquerim Devapan or Devadongor Ditto Sanvordem Satari 38 of 10-11-1950 14,300 Ditto Dargalim Pernem 39 of 11-12-1950 14,300 Iron Calem Sanguem 40 of 22-12-1950 12,300 Fe/ Mang Rivona Ditto 42 of 29-12-1950 7,300 Ditto Caurem Quepem 1 of 8-1-1951 14,300 Saniem Iron Sancordem Sanguem 2 of 8-1 -1951 7,200 Cantor Fe/ Mang Curpem Ditto 3 of 19-1-1951 14,000 Vagagholl Ditto Molcornem Quepem 4 of 2-2-1951 3,800 Ditto Colomba Sanguem 5 of 2-2-1951 7,200 Ditto Dongor Ditto 7 of 9-2-1951 13,300 12 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 74. Gurdas Timblo, of Margao. 75. Bhanudas Bablo S. Cossombo, of Sanguem. 76. Haider Caximo Can of Sanguem. 77. Zoirama Bicaji Neugui, of Mapuca. 78. Francisca Sequeira ofNuvem. 79. Vishwasrao D. Chowgule, of Vasco da Gama. 80. Vishwasrao D. Chowgule, of Vasco da Gama. 81. Vishwasrao D. Chowgule, of Vasco da Gama. 82. S. Kantilal & Cia. Ltd., of Margao. 83. Xec. Alub, of Sanguem. 84. Tulxidas Madeva X. Deulcar of Calem. 85. Zoiram Bhicaji Neugmi of Mapuca 86. Roguvir Sinai Garco, of S. Lourenco de Agacaim. 87. Gurudas Timblo, of Margao. 88. Horichondra Saunlo N. Tari, of Sanguem. 89. Firma Sesa Goa Ltd., of Goa. Paicapanacho dongor Convorzoritembo Motatembo Bandoli dongor Vangi Bindi Advona, etc. Botvadeacho dongor Fe/ Mang Pirla Quepem 8 of 9-2- 1951 13,900 Ditto Curpem Sanguem 9 of 12-2-1951 14,200 Ditto Sulcorna Quepem 10 of 23-2-1951 11,900 Avaliadongor Ditto Molcornem Ditto 11 of 23-2-1951 11,400 Gorditembo Ditto Netorlim Sanguem 12 of 26-2-1951 6,700 Cararemdongor Ditto Colomba Ditto 14 of 2-3-1951 14,300 Partimsodo, etc. Iron Molem Ditto 15 of 2-3-1951 11,500 Pundavamgavoril Sodo Iron Dudal Ditto 16 of 2-3-1951 11,800 Gottovo Dongor Fe/ Mang Netorlim Ditto 17 of 2-3-1951 6,300 Zambutolem Ditto Tudou of Verlem Ditto 19 of 9-3-1951 11,500 Careacodil Upri, Adam Tembo, etc. Madiacho tembo Candalanche mol or Gormodi Ditto Maulinguem Ditto 20 of 9-3-1951 12,500 Ditto Cauremi Quepem 21 of 19-3-1951 12,400 Casarman Ditto Salguinim Verlem Moliadongor Ditto Tudou of Verlem Sanguem 22 of 30-3-1951 4,700 Ditto 23 of 30-3-1951 10,000 Sadezamotil Rica Ditto Cumbari Ditto 26 of 6-4-1951 11,900 Ditto Pissurlem Satari 28 of 6-4-1951 3,500 13 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 90. Damum Naique, of Curchorem. 91. Mineira Prometedora Ltd., of Netorlim. 92. Xec Adam Xac. Abubakar, of Margao. 93. Gajanana P.N. Cormoli of Cacora 94. Xec Abdul Gofur X.A. Agis of Sanguem. 95. Firm Chowgule and Cia, Ltd., ofMarmagao. 96. Narahari S.S. Narvenkar, of Goa. 97. Roguvir R. Poinguincar, of Poinguinim. 98. Firm Shantilal Kushaldar Irmaos, of Margao 99. Firm V.S. Denpo and Cia, Ltd., of Goa. 100. Sociedade Shantilal Kushaldas & Irmaos, of Margao. 101. Xembu Zoideva X. Moratto, of Sanguem. 102. Vassantaram G. Metha, of Vasco da Gama. 103. Ramacrishna Dottu P. Loundo, of Sanquelim. Cosmoichem Mola Fe/ Mang Joleracho dongor Ditto Maina Quepem 44 of 18-5-1951 8,800 Dhabella mola Ditto Undorna Ditto 45 of 8-6-1951 13,300 Vatasur Ditto Colomba Sanguem 46 of 15-6-1951 3,100 Goddibaim Ditto Navelim Bicholim 47 of 18-6-1951 5,500 14 Sulcorna Quepem 29 of 13-4-1951 3,500 Folsadando or Vadvol Ditto Netorlim Sanguem 32 of 13-4-1951 5,400 Nissorval Ditto Colomba Ditto 34 of 20-4-1951 14,000 Chiunim Dongor, etc. Cumartolem Dongor, etc. Casana, Costimola, etc. Pandava Xetavoilo Soddo & Vozro Sodo Ditto Rivona Ditto 35 of 20-4-1951 11,500 Ditto Curpem Ditto 37 of 20-4-1951 5,300 Iron Costi Ditto 38 of 20-4-1951 14,300 Ditto Santona of Quirlapale Ditto 40 of 27-4-1951 14,200 Gurmulem Fe/ Mang Cudnem Bicholim 41 of 11-5-1951 9,600 Gotton Sorad tembo Navientil Galivoril Advona Nagona, etc. Ditto Netorlim Sanguem 42 of 18-5-1951 9,100 Ditto Aglote Ditto 43 of 18-5-1951 14,300 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 104. Vicente J. F. Figeiredo, of Loutulim. 105. Sociedade Mineira N. Ltd., of Margao. 106. Vassudeva N. Sarmalcar, of Margao. 107. Gurdas Timblo, of Margo. 108. Roguvir R. Poinguincar, of Poinguinim. 109. Aec Abdul Gofur X.A. Agis, of Sanguem. 110. Jeos Azavedo Duarte, ofSanguem. 111. Manchar H.N. Parulecar, of Mapusa. 112. Daue Khan, of Sanguem. 113. Zoiram B. Neugui, of Mapuca. 114. Minguel Mascarenhas, of Sanvordem. 115. Mineira Nacional Ltd. of Panaji. 116. Chandracanta F.Naigue, of Curchorem. 117. Amalia Rodrigues G. Figueiredo, of Loutulim. 118. Firm S. Kantilal & Cia Ltd., ofMargao. Madda-xeta-Jetona Fe/ Mang Poxelacho Sodo Ditto Maida of Colem 15 Netorlim Sanguem 48 of 25-6-1951 14,300 Poicul Compro Ditto Melauli Satari 49 of 6-7-1951 10,100 Gola dongor Ditto Sulcorna Quepem 50 of 6-7-1951 12,600 Bhutabaincho dongor Ditto Verlem Sanguem 51 of 20-7-1951 9,700 Thatatem Soddo Iron Darbandora Ditto 52 of 23-7-1951 14,300 Pola dongore Dongore Fe/ Mang Curpem Ditto 53 of 3-8-1951 4,400 Zamblidando Ditto Verlem Ditto 54 of 3-8-1951 5,200 Guellieme Gaval Iron Pissurlem Satari 55 of 24-8-1951 12,600 Matta Conda Fe/ Mang Rivona Sanguem 58 of 3-9-1951 12,600 Iembechc dongor Ditto Maina Quepem 59 of 3-9-1951 14,200 Canelidongor Ditto Vichundrem Sanguem 60 of 14-9-1951 11,800 Cuddeagalivoril Sodo dongor Gobaim or Cuntiem Polo Dongor & Dongor Iron Santona Quirlapale Ditto 62 of 1-10-1951 13,100 Fe/ Mang Curpem Ditto 63 of 19-10-1951 10,000 Ditto Ditto Ditto 65 of 7-12-1951 8,400 Ditto 66 of 14-12-1951 14,200 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 119. Firm S. Kantilal & Cia Ltd., of Margao 120. Mingoa Sociedade Mineira Goesa, SARL, ofGoa. 121. Ramakanta Xetie of Bicholim. 122. Firma V.M. Salgaoncar & Irmao Ltd., of Vasco da Gama. 123. Firm S. Kantilal and Cia, of Margao. 124. Quiteria Maria Gonsalves, Noronha, of Mapusa 125. Firm S. Kantilal & Cia, Ltd.,Margao. 126. Ailiabhai S. Cacodcar, of Cacora. 127. Arnaldo Reis Cruz of Bena alim. 128. Gopal Visvonata Godekar de Councolim. 129. Sociedade Timblo Irmaos Ltd., of Margao. 130. Esvonta Datatraia Sadecar, of Margao. 131. Firm Damodar Mangalji & Cia. Ltd., of Goa. 132. Narahari S.S. Narvenkar of Goa. Gonesgudi Dongor Fe/ Mang Mainantil Murdi Ditto Santana of Quirlapale 16 Rumademo of Netorlim Sanguem 67 of 14-12-1951 4,900 Maindvolicho Sodo & Codeculnavoril Sodo Iron Codli Ditto 69 of 14-12-1951 14,300 Deulem Ditto Pissurlem Satari 70 of 17-12-1951 14,300 Madei Fe/ Mang Vantem Ditto 71 of 21-12-1951 11,400 Anavladongor Ditto Molcorrnem Quepem 1 of 4-1-1952 5,500 Connol-dad dongor Ditto Colomba Sanguem 3 of 11-1-1952 12,900 Melcadongor Ditto Sancordem Ditto 4 of 1-2-1952 10,600 Vancali temb Ditto Colomba Ditto 5 of 1-2-1952 3,200 Fondiatoliavoridongor Ubefatracodi-I dongri Ditto Netorlim Ditto 7 of 1-2-1952 4,100 Ditto Maina Quepem 8 of 1-2-1952 8,000 Santona Guro Ditto Sigao Sanguem 9 of 1-2-1952 11,000 Pandavamsodo Ditto Rivona Ditto 10 of 1-2-1952 4,600 Dobdobo Ditto Bicholim Bicholim 11 of 4-2-1952 7,200 Sanguem 12 of 8-2-1952 11,100 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 133. Rucminibai S. Bhobe, wite of late Krishna Bhobe or Quexarbai, of Mapusa. 134. Badrudin Bavani, of Margao. 135. Sadassiva D. Tiroder Margao. 136. Sociedade Timbio Irmaos Ltd., of Margao. 137. Firm S. Kantilal & Cia Ltd., of Margao. 138. Firm S. Kantilal & Cia. Ltd., of Margao. 139. Firm V.M. Salgaocar Irmao Ltd., of Vasco da Gama. 140. Harichandra S.N. Tari, of Sanguem. 141. Roque Santana Baneto, of Loutim. 142. Firm Shantilal K. &Bros., of Margao 143. Vasudeva D.S. Cosombo of Sanguem. 144.* 145. Vassantaram G. Metha of Vasco da Gama. 146. Firm V.S. Dempo & Cia. Ltd., of Goa. Apteachem-boroda Fe/ Mang Navelem Ditto Curpem Ditto 33 of 28-3-1952 8,200 Tambessodo Ditto Colomba Ditto 35 of 4-4-1952 14,100 17 Onda Satari 13 of 22-2-1952 3,700 Nomoxitembo Ditto Rivona Sanguem 14 of 22-2-1952 14,300 Pistem Ditto Latambarcem Bicholim 15 of 22-2-1952 8,900 Ambegal Jeddit moddi Toliavolli, Zambod, etc. Ditto Salginim of Verlem Sanguem 16 of 25-2-1952 9,000 Ditto Villiena Ditto 17 of 29-2-1952 13,600 Kairad & Talaoili Ditto Villiena of Bati Ditto 18 of 29-2-1952 6,700 Molcornem Ditto Aglote Ditto 19 of 29-2-1952 14,300 Vagamollofodaguir, etc. Ditto Vichundrem Ditto 21 of 29-2-1952 8,700 Zambeamollo Ditto Rivona Ditto 25 of 21-3-1952 7,100 Chumimolo orXissoria tembo Borgadongrachem Fall, etc. Ditto Ditto Ditto 28 of 28-3-1952 6,200 Ditto Rivona Ditto 29 of 28-3-1952 10,200 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 147. Firm V. S. Dempo & Cia. Ltd., of Goa. 148. Hiru Bombo Gaunco, of Margao. 149. Vammona M. Zoixi, of Oxel. 150. Roguvir S. Garco, of S. Luurencorde Agacaim. 151. Tucarama P. X. Parcar, of Colem. 152. Kamlanata N. Xetio, of Goa. 153. Sociedade Timblo Irmaos Ltd., of Margao. 154. Sociedade Timblo Irmaos Ltd., of Margao. 155. Joao Santana Gomes, Margao. 156. Joao Hugo Eduardo Sequeria, of Goa. 157. Xec. Mohamed Issac, of Sanguem. 158. Firm S. Kantilal & Cia. Ltd., of Margao. 159. Roguvir Sinai Garco, of S. Lourenco de Agacaim. 160. Raia Dotu S. Lade, Sanvordem. 161. Raia Porobo Baticar,Sanguem. Candulgo Iron Codali or Carapur Perchotembo Ditto Batie Cumbari Ditto 54 of 13-6-1952 6,000 18 Bicholim 37 of 4-4-1952 14,300 Santonatembo Bandaxetachem Tialachem temba B. dongor, etc. Margamodil Dongor Fe/ Mang Vichundrem Sanguem 38 of 14-4-1952 14,300 Ditto Ozorim Pernem 39 of 18-4-1952 14,300 Ditto Salginem Sanguem 40 of 18-4-1952 6,300 Malia dongor Ditto Vadem Ditto 41 of 21-4-1952 10,400 Batolem Dramafalential Vagini dongor or Vagini Tembo Cormolem &Brog Ditto Betqui Ponda 42 of 21-4-1952 1,500 Ditto Salginem Sanguem 44 of 5-5-1952 3,200 Ditto Cudnem Bicholim 45 of 5-5-1952 5,800 Bomaoatto Ditto Malauli Satari 46 of 5-5-1952 5,100 Chiudiadvona, etc. Undirgala or Temacheavadiachem advona, etc. Nansaconda or Nassaconda Cazreanchem Culde Adj. Ditto Darbandora Sanguem 47 of 5-5-1952 14,300 Ditto Cotarli Ditto 48 of 30-5-1952 5,000 Ditto Naiquinim Ditto 50 of 2-6-1952 6,900 Iron Cudnem Bicholim 51 of 6-6-1952 11,400 Navelem dongor Fe/ Mang Curpem Sanguem 53 of 13-6-1952 4,500 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 162. Shantilal Khushaldas &Bros., of Margao. 163. Visvasrao D. Chowgule, Vasco da Gama. 164. Quexcwa Sinai Cundo, of Margao. 165. Firm S Kantilal & Cia. Ltd., of Margao. 166. Firm S. Kantilal & Cia. Ltd., of Margao. 167. Vassudeva Madeva Salgaocar, of Vasco da Gama. 168. D.B. Bandodkar of Panjim. 169. Atchuta Vishnu S. Velingear, of Velinga. 170. Malbe Madeva S.R. Sar Dessai of Verem. 171. Mingoa Sociedade Mineira Goesa, of Goa. 172. Firm Damodar Mangalj. & Cia. Ltd., of Goa. 173. Sociedade Timblo Irmaos Ltd., of Margao. 174. Sociedade Verencar & Cia. Ltd., of Surla. 175. Voicunta Cadnekar of Margao. Rumadolem Fe/ Mang Curdi Sanguem 55 of 20-8-1952 13,200 Khirnimdongor Ditto Salginim Ditto 584 of 11-7-1952 3,000 Patiafala Ditto Colomba Ditto 59 of 18-7-1952 14,000 Asni dongor Ditto Curdi Ditto 60 of 18-7-1952 6,300 Zamsodo or Capiacodichem Ditto Bati & Cumbari Ditto 61 of 18-7-1952 7,300 Matte Dando Iron Velguem Bicholim 62 b of 18-7-1952 7,600 Ditto Ditto Ditto Ditto 62 of 18-7-1952 7,000 Vansvolatembo or ximevoril dongor Fe/ Mang Vichundrem & Netorlim Sanguem 67 of 18-8-1952 8,600 Vitcantor Ditto Virdi Bicholim 68 of 18-8-1952 14,000 Gurmel Ditto Codli of Quirlapale Sanguem 70 of 18-8-1952 14,300 Zambol & terr. adj. Dobar, Tanca & Aglote Sodo Ditto Villiena Ditto 71 of 18-8-1952 4,300 Ditto Aglote Ditto 73 of 18-8-1952 13,800 Dabo Ditto Surla Bicholim 74 of 22-8-1952 14,300 Chunimolo or Gotifondatembo Ditto Colomba Sanguem 75 of 29-8-1952 12,600 176. Firm Sesa Goa Orasso dongor Iron Adolpale Bicholim 76 of 8-9-1952 14,200 19 ----- Sl. No. Ltd., Goa. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 177. Firm V.M. Salgaoncar & Irmoas Ltd., of Vasco da Gama. 178. Soid Adam, of Quepem. 179. Mineira Prometadora Ltd., Netorlim. 180. Roguvira S. Garco, of S. Lourenco de Agacaim. 181. Firm V.M. Salgaoncar & I. Ltd., of Vasco da Gama. 182. Rajaram Narayan X. Bandekar of Vasco da Gama. 183. Mussa Usman Ali, of Goa. 184. Visnum S. Curchorcar, of Chandor. 185. Firm V.S. Dempo & Cia. Ltd., of Goa. 186. Sociedade Timblo Irmoas Ltd. of Margao. 187. Sociedade Litheferro Ltd., of Mapusa. 188. Balkrishna Porob Padgaoncar of Saligao. 189. Babol Sanvlo N. Tari of Sanguem. 190. Sociedade Timblo Irmaos Ltd., of Pet Pagedongor, Bainem Dignem Iron Cudnem Bicholim 92 of 14-11-1952 5,800 20 Fe/ Mang Doro of Sanvordem Sanguem 77 of 12-9-1952 8,600 Deudongro Ditto Colomba Ditto 78 of 19-9-1952 3,800 Eroca Ditto Netorlim Ditto 81 of 26-9-1952 5,200 Pedamolla Ditto Colomba Ditto 82 of 26-9-1952 14,300 Mardando &Barcati Jaquel or Jacadevicho dongor Gadichem Advona Moscaurem of Cornol Chedeudongor & Dardongor Copila gaichem Paul Calsanichomato de Oilmol Devachem udic & Golicoilo, etc. Bamnavado e outros Iron Surla Bicholim 83 of 26-9-1952 13,500 Fe/ Mang Pale Ditto 84 of 3-10-1952 14,300 Ditto Curpem Sanguem 85 of 10-10-1952 10,800 Ditto Rivona Ditto 86 of 18-10-1952 13,700 Iron Nuem Canacona 87 of 13-10-1952 13,300 Ditto Sigao Sanguem 88 of 7-11-1952 13,500 Iron Advolpale Bicholim 89 of 7-11-1952 6,800 Ditto Latambarcem Ditto 90 of 7-11-1952 7,100 Ambadasorvo Fe/ Mang Cotarli & Xeldem Sanguem 91 of 7-11-1952 13,500 ----- Sl. No. Margao. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 191. Firm Chowgule & Cia. Ltd., of Marmagoa. 192. Firm V. S. Dempo & Cia. Ltd., of Goa. 193. Firm S. Kantilal & Cia. Ltd., of Margao. 194. Balcrisna Bahirji Patil, of Margao. 195. Firm Chowgule & Cia. Ltd., of Marmagoa. 196. Gangadhar Narsingdas Agrwal, of Margao. 197. Gangadhar Narsingdas Agrawal, of Margao. 198. Vamona Govinda Sinde, of Mapuca. 199. Roguvira N. Lotlecar, of Margao. 200. Viswasrao D. Chowgule, of Vasco da Gama. 201. Viswasrao D. Chowgule, of Vasco da Gama. 202. Firm V. M. Salgaocar Irmaos Ltd. of Vasco da Garaa. 203. Martinho Coutinho Cuncolim. 204. Crisna Mucunda Camotim of Assolna. Monte Udo Fe/ Mang Cajucodil mola, Calia Mordi Magdiatemboe out. ter Sisso Calli dongor, etc. Cazchemrame outroster adj. Borchem Daticho Dongracho, etc. Apteachea Dativorli dongor Caratuti de Deulvado Paicatembo or Cotlam da Toliachem advona Massana Moddi de Cammoluem dongor Poicul of Congorem Sem denominacao especial Bencremdando & Cadiabanda avoril dongor Colemba Sanguem 93 of 14-11-1952 10,600 Marsoddo Ditto Pissurlem Satari 95 of 14-11-1952 14,200 Ditto Viliena of Bati Sanguem 96 of 14-11-1952 4,600 Ditto Curpem Ditto 97 of 5-12-1952 8,400 Iron Onda Satari 98 of 5-12-1952 10,700 Ditto Sarvona Vicholim 99 of 5-12-1952 14,300 Ditto Bordem Ditto 100 of 5-12-1952 4,900 Ditto Melauli & Conquirem Ditto Tudou & Patiem Ditto Jaqui of Netorlim 21 Fe/ Mang Morlem Satari 102 of 15-12-1952 13,200 Ditto Netorlim Sanguem 103 of 15-12-1952 7,100 Ditto Aglote Ditto 1 of 9-1-1953 11,200 Ditto Candola Ponda 2 of 9-1-1953 3,200 Satari 4 of 6-2-1953 11,400 Sanguem 5 of 6-2-1953 13,600 Ditto 6 of 6-2-1953 8,400 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 205. Shantilal Kushaldas &Bros, of Margao. 206. Lidia Belinda Simoes, of Goa. 207. Voicunta Canecar, of Margao. 208. Sociedade Timblo Irmaos Ltd., of Margao. 209. Sociedade Timblo Irmoas Ltd., of Margao. 210. Firm Oriente Ltd., of Margao. 211. Firm Damodar Mangalji & Cia. (India) Ltd., of Goa. 212. Abdul Satar Abdul Kadar Soudagar, of Margao. 213. Gangadhar Narsingdas Agrawal, of Margao. 214. Damodar Jaganata Amoncar, of Margao. 215. Empresa Minero Commercial de Goa Ltd., ofMargao. 216. Joao Santana Gomes, Junior of Margao. 217. Atchuta Panduronga P. Dessai, of Netorlim. 218. Firm V. M. Salgaocar & I. Ltd., of Vasco da Gama. Magmepan & Satarcarachem, etc. Fe/ Mang Maina Quepem 9 of 13-2-1953 3,300 Cotidongor Ditto Pirla Ditto 10 of 13-2-1953 11,300 Bateagal or Bateaxembugal Ditto Maina Ditto 12 of 20-2-1953 4,500 Soddo Iron Surla Bicholim 13 of 20-2-1953 12,700 Quelchem Tour, Tambdi Mati Ditto Cudnem Ditto 14 of 20-2-1953 10,600 Bibel Pata Fe/ Mang Netorlim Sanguem 15 of 2-3-1953 8,400 Conquirem Canvavoril dongor Undrdvona & Odlotembo Iron Conquirem Satari 18 of 6-3- 1953 12,900 Fe/ Mang Netorlim Sanguem 20 of 6-3-1953 7,500 Passariatembo Ditto Colomba Ditto 21 of 9-3-1953 4,600 Ordolo dongor Ditto Sancordem Ditto 22 of 13-3-1953 3,300 Choriancho tembo dongor Xelnemtembo, Costiadvona Iron Bimbol of Colem Fe/ Mang Aglote of Sancordem Sanguem 23 of 6-4-1953 13,200 Ditto 25 of 10-4-1953 14,000 Borcotea dongor Ditto Vichundrem Ditto 26 of 13-4-1953 10,800 Tanque de Bonconem Ditto Aglote Ditto 27 of 13-4-1953 11,200 22 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 219. Narayan Ganesh Prabhu Zantye Bicholim. 220. Narayan Ganesh Prabhu Zantye Bicholim. 221. SociedadeTimblo Irmaos Ltd., of Margao. 222. Firm Chowgule & Cia. Ltd., of Marmagoa. 223. Narahari Shivram X. Narvadednear of Goa. 224. Firm Damodar Mangalji & Cia., Ltd. of Goa. 225. Nalini Camotim Sancoalkar or Nalini Manohar Kamat, Cacora. 226. Esvonta Visnum P. Raiturcar, of Margao. 227. Esvonta Visnum P. Raiturcar, of Margao. 228. Marcos Marcelino P. de Souza of Pilerne. 229. Lekhraj Nathurmal of Goa. 230. Xec Mahidin Xec Daud, of Vasco da Gama. 231. Vassantram Ganpatram Mehta of Vasco da Gama. Ontichem ran or Ponecanem &Bagaeta Ticana, etc. Conosiavoril, Gonesi achedativoril dongrachem Cutumbona, etc. Bonvorfonditem bo e outros Iron Sarvona Bicholim 28 of 24-4-1953 10,300 Fe/ Mang Ditto Ditto 29 of 24-4-1953 11,300 Ditto Netorlim Sanguem 30 of 24-4-1953 4,500 Pale dongor Iron Pale Bicholim 31 of 24-4-1953 12,000 Palietembo &Baqueriz Fe/ Mang Curdi Sanguem 32 of 24-4-1953 9,800 Marsodo Ditto Surla Bicholim 33 of 24-4-1953 11,200 Metacodil Anvlitembo Ditto Vadem & Siggonem Ditto 35 of 15-5-1953 4,400 Bagueatembo Ditto Netorlim Ditto 36 of 15-5-1953 6,300 Murmeatembo of Anvalicodop Sem denominacao especial Ditto Curdi Ditto 37 of 15-5-1953 4,600 Ditto Mopa Pernem 38 of 15-5-1953 9,400 Oilem Anvalem Ditto Arvalem Bicholim 39 of 15-5-1953 12,300 Khoiricho dongor Caliemola ou Calzarigogo Ditto Sancordem Sanguem 40 of 15-5-1953 4,800 Ditto Colomba Ditto 41 of 22-5-1953 9,900 23 ----- SI. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 232. Firm Damodar Mangalji &Cia., (India) Ltd., of Goa. 233. Xec Abdul Gofor, Xec Abdul Aziz of Curchorem. 234. Vincente Joao Filomeno Figueredo, of outulim. 235. Jorge Anibal de Matos sequeira, of Goa. 236. Damodar Dundolica Moncar, of Ponchovadi. 237. Sayad Issac, of Sanguem. 238. Firm V. M. Salgaocar & India, Ltda., of Vasco da Gama. 239. Sripada Voicunta Naique of Bicholim. 240. Zacarias Antao, of Petalbatim. 241. Firm Chowgule & Cia. Ltda., of Vasco da Gama. 242. Vishvasrao D. Chowgule, of Vasco da Gama. 243. Surlaji Sinari Cacodkar. 244. Sociedade Timblo Irmaos Ltda., of Margao. 245. Sociedade Timblo Irmaos Ltda., of Margao. Oriemola Fe/ Mang Mocalem (Colem) Oiteiro Divodgal Ditto Curpem & Curdi Sanguem 42 of 25-5-1953 10,000 Ditto 43 of 25-5-1953 4,900 Ganali dongor Ditto Varlem Ditto 44 of 29-5-1953 6,700 Gungurem Belagal, etc. Bogvota Cumiatembo Deucol Cunbasai Escapaco Ditto Mirancal Ponda 46 of 1-6-1953 13,200 Ditto Quiriapale Sanguem 47 of 1-6-1953 9,100 Ditto Adcolna Ponda 49 of 8-6-1953 11,300 Madiem Ditto Sigao Sanguem 50 of 8-6-1953 6,900 Laquerem e out ter adj. Ditto Bordem Bicholim 54 of 12-6-1953 9,700 Monte Iranqui Ditto Potrem Sanguem 55 of 19-6-1953 11,300 Khuntiemolem Ditto Sulcorna Quepem 57 of 19-6-1953 14,200 Ganvancodil tod, etc. Cuntiemola Buido Bondradvona Daucona & Tanca Ditto Gavancodil Satari 59 of 26-6-1953 12,200 Ditto Molcornem Quepem 60 of 26-6-1953 13,800 Iron Codli & Darbandora Sanguem 61 of 3-7-1953 11,800 Zanodem Soda Fe/ Mang Molcornem Quepem 62 of 3-7-1953 13.300 24 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 246. Sripada Voicunta Naique, of Bicholim. 247. Firm Sesa Goa Ltda., of Goa. 248. Anibal Gabriel Pereira of Margao. 249. Vicente Fernandes of Merces. 250. Firm S. Kantilal &Cia., Ltda., of Margao. 251. Vinaeca Naraina Bandekar, of Panaji. 252. Jaganata Crisnanala P. Mambro, Mapusa. 253. Erasmo de Jesus Sequcira, of Goa. 254. Crisna Butu Saunto, of Borim. 255. Firm Damodar Mangalji & Cia (I) Ltda., of Goa. 256. Nalini Camotim Sancoalcar, of Cacova. 257. Rauji Raja Sinai Quirtonim, of Goa. 258. Firm Shantilal K. &Bros. ofMargao. 259. Gasa Goa Ltda.,of Margao. 260. Firm Damodar Mangalji & Cia (I) Ltda., of Goa. Vassudeva 261. Madeva Salgaocar of Vasco da Gama. Medianchem ran or etc. Potvol, Modlovado, etc. Fe/ Mang Cotorem Satari 64 of 10-7-1953 11,000 Ditto Velgem Ditto 65 of 17-7-1953 11,200 Guladvona Ditto Codar Ponda 67 of 17-7-1953 7,700 Mortegal Mordi Ditto Uguem Sanguem 68 of 17-7-1953 10,100 Dobacho Dongor e ter, adj. Dongorvdao & Curdado Gantcaracho Dongor Quegdicho Cono & Toleachem Advona Careadega Advona Ditto Netorlim Ditto 70 of 31-7-1953 3,200 Ditto Sanco dem Ditto 71 of 31-7-1953 11,500 Ditto Bordem Bicholim 72 of 10-8-1953 9,000 Ditto Cotorem Satari 73 of 10-8-1953 13,300 Ditto Codar Ponda 75 of 10-8-1953 12.200 Biptamol Ditto Sanvordem Sanguem 76 of 10-8-1953 3,200 Tirtha Ditto Naroa Bicholim 77 of 10-8-1953 14,000 Hedultembo Iron Pissurlem Satari 80 of 14-8-1953 8,100 Goiband Mattem Fe/ Mang Velguem Bicholim 81 of 28-8-1953 4,600 Suctoli Chimtecalavoril Ditto Sangod Sanguem 82 of 28-8-1953 13,900 Solla Ditto Colomba Ditto 84 of 28-8-1953 11,800 Purmar andParvedhat, etc. Iron Pale Bicholim 86 of 4-9-1953 13,600 25 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 262. M/s. Sociedade Timblo Iramao's Ltd., of Margao. 263. Sociedade Timblo (I) Ltda., of Margao. 264. Sociedade Timblo (I) Ltda., of Margao. 265. Sociedade Timblo (1) Ltda. ofMargao. 266. Sociedade Javerbai & Cia. Ltd., of Margao. 267. Fulgencio Francisco Monte, D'silva, Margao. 268. Viswasrao D. Chowgule, of Vasco da Gama. 269. Motiram Data Gound olcar, ofMargao. 270. Sociedade Timblo (I) Ltda., of Margao. 271. Vassudeva M.Salgaocar, of Vasco da Gama. 272. Sadassiva Sinai, Gaitondo, of Goa. 273. Rosario Mascarenhas of Xeivona Quepem. 274. Raia Dotu sinai Dade Sarvordem. Advona Tolemata & Caliguro Jacolichem Battavoril dongor or Nagzor Canvorem Dongrachem advona or Navelim Dongrachem Palsona Iron Sigao Sanguem 87 of 7-9-1953 7,200 Cornol Fe/ Mang Colomba Ditto 88 of 11-9-1953 7,700 Chanfiadongor Vagantto Nassamordieter adj. Ditto Verlem Ditto 89 of 11-9-1953 13,100 Ditto Salginem Ditto 90 of 11-9-1953 13,000 Vegreaugundo Ditto Maina Quepem 91 of 11-9-1953 8,200 Dadiavoril Sodo, etc. Khind dongor & Uro tembo Ditto Xelpi of Birondem Satari 92 of 11-9-1953 14,200 Iron Vaguriem Ditto 93 of 21-9-1953 8,900 Gudiemola Fe/ Mang Nirancal Ponda 95 of 2-10-1953 12,700 Bonquivol of Bonquivoladongor Calafondicho sodo, etc. Ditto Rivona Sanguem 96 of 2-10-1953 4,900 Ditto Sigao Ditto 97 of 2-10-1953 8,600 Conatto Iron Surla Bicholim 98 of 2-10-1953 14,200 Fe/ Mang Ditto Canvorem of Colomba 26 Boma Ponda 99 of 9-10-1953 5,900 Sanguem 100 of 9-10-1953 3,200 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 275. Balcrisna Bhairji, of Margao. 276. Sripada Voicunta Naique of Bicholim. 277. Sripada Voicunta Naique, of Bicholim. 278. Vishwasrao D. Chowgule, of Vasco da Gama. 279. Vishwasrao D. Chowgule of Vasco da Gama. 280. V.N. Bandekar, of Panaji. 281. Jose Cosme da Costa, of Curtorim. 282. Jaganata Genekar, of Panda. 283. Ismail bin adulaif, of Goa. 284. Firm V.M. Salgeocar & Irmao Ltda., of Vasco da Gama. 285. Firm Chowgule & Cia Ltda., Margao. 286. Xec Cadar Xec Usman, of Goa. 287. Sociedade Timblo Irmaos Ltda., of Margao. 288. Vicente Joao Filomeno de Sequeiredo, of Loutulim. 289. Vicente Joao Filomeno de Sequeredo, of Loutulim. Vagem Fe/ Mang Siroda Ponda 102 of 9-10-1953 4,500 Godecondichem mola Baga e Murvo ou Borga Cudguichea, etc. Ximechi Muddi Sopandta Ditto Bordem Bicholim 104 of 16-10-1953 7,400 Ditto Piligao Ditto 105 of 16-10-1953 9,500 Iron Surla Ditto 106 of 16-10-1953 12,800 Chicuchemmol Ditto Ditto Ditto 107 of 16-10-1953 11,000 Curado e Potcalem Ditto Sancordem Sanguem 108 of 16-10-1953 4,800 Gavall Iron Pissurlem Satari 110 of 16-10-1953 9,800 Godacho dongor Fe/ Mang Dabolim of Siroda Ponda 111 of 16-10-1953 7,900 Santlaunem Ditto Sancordem Sanguem 112 of 23-10-1953 14,100 Issoriem Vanganavoril dongor Bandavoril Tueda Carva Sorio Carva Advona Mata of Velquemcho dongor Iron Melauli Satari 115 of 30-10-1953 13,000 Fe/ Mang Vagurbem Ponda 116 of 30-10-1953 8,900 Ditto Vichundrem Sanguem 120 of 2-11-1953 5,500 Iron Velguem Bicholim 121 of 13-11-1953 6,700 Tarcem Moli Fe/ Mang Quirlapalee Codli Sanguem 123 of 4-12-1953 14,100 Codguicho Dongor etc. Ditto Quirlapale Ditto 124 of 4-12-1953 14,200 27 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 290. Vicente Joao Filomeno de Sequeiredo, of Loutulim. 291. Mingoa Sociedade Mineira Goesa, of Goa. 292. Pundolica P. Xete Narvencar, of Sanguem. 293. Pundolica P. Xete Narvencar, Sanguem. 294. Sociedade Timblo Irmao Ltda., of Margao. 295. Sociedade Timblo Irmao Ltda., of Margao. 296. Sociedade Timblo Irmao Ltda., of Margao. 297. Sociedade Timblo Irmao Ltda., of Margao. 298. Sociedade Timblo Irmao Ltda., of Margao. 299. Sociedade Timblo Irmao Ltda., of Margao. 300. Sociedade Timblo Irmao Ltda., of Margao. 301. Sociedade Timblo Irmao Ltda., of Margao. Bigsorvo or Bissorvo Murmunem Ditto Melauli Satari 139 of 18-12-1953 13,200 Ghottimolli Ditto Surla Bicholim 140 of 18-12-1953 6,700 28 Fe/ Mang Cormonem Sanguem 125 of 4-12-1953 14,100 Caodia Soddo Iron Codli Ditto 126 of 4-12-1953 14,300 Gorbata e ter adj. Fe/ Mang Salauli Ditto 128 of 4-12-1953 6,400 Ditto Ditto Ditto Ditto 128 of 4-12-1953 6,400 Nos aforamentos particulares de Dinacor Amencar Ditto Madapsi of Orgao Ponda 130 of 18-12-1953 4,500 Bibiamordi Ditto Vichundrem Sanguem 132 of 18-12-1953 13,600 Manbea Gudo e Alvantini mollo Ditto Verlam Ditto 133 of 18-12-1953 14,000 Navetem Dongor Ditto Salginem Ditto 135 of 18-12-1953 9,400 Chanfeadongor Ditto Verlem Ditto 137 of 18-12-1953 14,300 Pigadapada Ditto Verlem of Netorlim Ditto 138 of 18-12-1953 13,600 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 302. Firm Oriente Limitada, of Margao. 303. Baburao Anta Raicar, of Margao. 304. Sociedade Timhlo Irmaos Ltda., of Margao. 305. Narahari Siuram Shet Narvehkar, of Goa. 306. Vicente Jaso F. de Figueirodo 307. Sucilabal Ananda Keni of Goa. 308. Mingoa Soc. Mineira Goesa, SARL., of Goa. 309. Mablu Saunto Gaunco Dessai, of Xeldem 310. Firm V. S. Dempo & Cia Ltda., of Goa. 311. Firm Shantilal Kushaldas &Bros., of Margao. 312. Raia Porobo Baticar, of Sanguem. 313. Atchuta Visnum S Velingcar, of Velinga. 314. Jorge Anibal de Matos Sequeira, of Goa. 315. Ramabai Ananta Avde, of Quepem. 316. Visnudas Narotemdes, of Soutigundo Fe/ Mang Dovormeacodil doirem e outs Chanfericho Advo dongor Moiandega e penota Raigodda Ambe Botacho Nanuz Bicholim 141 of 18-12-1953 4,200 Temculi & Santorem Ditto Siroda Ponda 142 of 18-12-1953 4,400 Sailetembo Iron Sangod Sanguem 143 of 18-12-1953 14,300 Vacanlitil Temculi Fe/ Mang Vacoli of Cimada Ponda 144 of 18-12-1953 12,200 Arvodem Ditto Loutulim Salcete 1 of 4-1-1954 6,000 Purnicoda & Pevanchem Conn. Cancagalleu Tolope Borchemtemb Fdutembo ou Edumola Onvalienchi Math Oxelavoril dongor Ditto Advoi Satari 2 of 4-1-1954 5,600 Iron Maulinguem Bicholim 3 of 15-1-1954 4,600 Fe/ Mang Bati Sanguem 4 of 15-1-1954 12,700 Ditto Onvaliem Satari 5 of 22-1-1954 13,900 Ditto Naundem Sanguem 7 of 1-2-1954 2,500 Pedadongor Ditto Mangal Quepem 8 of 5-2- 1954 6,200 Ditto Rivona Sanguem 11 of 16-2-1954 11,200 Ditto Govaneni Satari 12 of 16-2-1954 4,900 Ditto Curdi Sanguem 13 of 19-2-1954 4.300 12,800 Ditto Ussopa Bicholim 14 of 19-2-1954 29 ----- Sl. No. Goa. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 317. Vassudeva Madeva Salgaocar, of Vasco da Gama. 318. Sociedade Timblo I. Ltda., of Margao. 319. Sociedade Timblo I. Ltda., of Margao. 320. Gangadhar Naringdas Agrawal, of Margao. 321. Roguvir Sinai Garco, ofAgacaim. 322. Firma V. S. Dempo & Cia Ltda., of Goa. 323. Firm V. S. Dempo & Cia Ltda., of Goa. 324. Voicunta Srinivassa Dempo, of Goa. 325. Hari Visnum Lotlecar, ofMargao. 326. Vassudeva M. Salgaocar, of Marmagao. 327. Crispino Rodrigues, of Sanguem. 328. Firma Shantilal Kushaldas e Irmaos of Margao. 329. V.M. Salgaocar e Irmao, of Vasco Caraichem Mol, Aforamento do Mourose Godeachi Mosone Edumola ou Visnumgal Godmadongor Aram Mordi Ambeachodongor Culnamol or Culna. Onvaliechem Paltona Tolpi e Mardando Mardando Iron Surla Bicholim 29 of 19-4-1954 10,500 30 Fe/ Mang Ditto Cudnem e Surla Siroda Ponda 15 of 19-2-1954 7,000 Ditto Rivona Sanguem 16 of 22-2-1954 13,800 Ditto Salginem Ditto 17 of 22-2-1954 13,400 Ditto Bordem Bicholim 18 of 1-3-1954 6,700 Ditto Tudou Sanguem 19 of 1-3-1954 12,000 Iron Ouvaliem Satari 20 of 5-3-1954 13,000 Bicholim 21 of 5-3-1954 9,400 Borcotem Ditto Colem Sanguem 22 of 5-3-1954 10,000 Vitalachem Xetavorchi Maddi e Nilaula Ditto Talauli Ditto 23 of 8-3-1954 9,700 Pedichem Tour Ditto Vantem Satari 25 of 19-3-1954 7,500 Dando Cajumolaoilo Soddo Ponsivadivoril Advona Ditto Muguli Sanguem 27 of 22-3-1954 12,900 Ditto Aglote Ditto 28 of 9-4-1954 3,300 ----- Sl. No. da Gama. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 330. Firma Chowgule & Cia Ltda., of Vasco da Gama. 331. Viswasrao D. Chowgule, of Vasco da Gama. 332. Firma Caxinata D. Naique Ltda., of Margao. 333. Gangadhar N. Agrawal, of Margao. 334. Caetano Jose Hugo V. Rodrigues, of Sanguem. 335. Minguel Santana T. de Souza, ofSancdcuelim 336. Firm Damodar Nangaljie Irmoas Ltda., of Goa. 337. Firm Shantilal Kushaldas &Bros., of Margao. 338. Firma V. S. Dempo & Cia. Ltda., of Goa. 339. Ailiabai Dessai, of Goa. 340. Sociedade Timblo I. Ltda., of Margao. 341. Firm S. Kantilal Cia. &Ltda., of Margao. 342. Bhalchandra A. Avde, of Quepem. 343. Viswasrao D. Chowgule, of Vasco da Gama. Dongrado Goleacho dongor Matae Carhal Semdenominacao especial Suriagalivoril Mordi Culnamol e outros terrenos Ambdeabuttiho tembo or Penchem Tambdeamaticho tembo or navigal Odamolla Ditto Sangod Sanguem 45 of 6-12-1954 12,300 Chinvor Ghol Ditto Pirna Bardez 46 of 6-12-1954 14,200 31 Iron Nadora Bardez 30 of 19-4-1954 11,200 Fe/ Mang Sancordem Sanguem 31 of 4-6-1954 12,300 Ditto Talauli Ditto 32 of 23-7-1954 9,300 Ditto Muguli Ditto 33 of 6-6-1954 14,100 Ditto Salauli Ditto 35 of 6-9-1954 11,800 Iron Carapur Bicholim 37 of 15-10-1954 6,700 Baladongor Fe/ Mang Candeapar Ponda 38 of 18-10-1954 10,300 Rameagolli talsaie topiagal Sem denominacao especial Iron Sancordem e Darbandora Sanguem 39 of 22-10-1954 8,000 Fe/ Mang Curpem Ditto 40 of 22-10-1954 7,300 Culna Soddo Iron Cormonem Ditto 41 of 5-11-1954 11,800 Caximordid e caxidongor Fe/ Mang Salginem Ditto 42 of 26-11-1954 7,400 Doro Iron Nanora de Latambarcem Bicholim 44 of 6-12-1954 13,400 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 344. Vassudeva M. Salgaocar, of Vasco da Gama. 345. Salvador Femandes, of Sanguem. 346. Vassudeva M. Salgaocar, of Marmagao. 347. Firm Damodar Mangalji & Cia. Ltda., Goa. 348. Vinaeca Naraina Bandecar, Panaji. 349. Firm V. M. Salgamcare Irmaos Ltda., of Vasco da Gama. 350. Sociedade Marzok & Cadar Ltda., of Margao. 351. Narandas Popotlal, of Goa. 352. Sociedade Timblo Irmao Ltda., of Margao. Calafondicho soddo, etc. Iron Sigao Sanguem 47 of 6-12-1954 8,100 Gholl dongor Fe/ Mang Curpem Sanguem 48 of 6-12-1954 11,500 Moitem Cumarvado e xaimartodd Ambeavelem Boroda Iron Advolpale, Latambarcem e Moitem Fe/ Mang Bicholim 49 of 6-12-1954 8,600 Surla Ditto 1 of 14-1-1955 4,200 Ocambo Ditto Piliem Sanguem 2 of 14-1-1955 10,000 Datimola Ditto Sancordem Ditto 3 of 31-1-1955 13,400 Devachi Raim Iron Darbandora Ditto 4 of 7-2-1955 11,100 Countemdongor Fe/ Mang Sigonem Ditto 5 of 11-2-1955 8,800 Mareta ou Marasoddo, etc. Iron Onda Satari 6 of 18-2-1955 3,900 353. Metelo X. Diniz. Mandaadvona Fe/ Mang Calem Sanguem 8 of 26-3-1955 5,600 354. Sociedade Mineinro Goesa Ltda., of Goa. 355. Firma N. B. Kamat & Filhos Ltda., of Margao. 356. Abubakar Noor Mohamed (Buda Shet) of Panaji. 357. Firma V.M. Salgaocar e Irmao Ltda., of Vasco da Gama. Maulingtodcho dongor Chanfericho advo Sanvri batacho sodo Visnuporbachem Ariagall Iron e Chondra Vito ba Dessai Iron Maulinguem Bicholim 9 of 2-4-1955 4,800 Iron Velguem Bicholim 12 of 30-4-1955 5,000 Ditto Sigaoe Sanguem 13 of 30-4-1955 10,100 32 Fe/ Mang Malpona Satari 10 of 16-4-1955 14,000 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 358. Abubaker Noor Mahomed (Budda Xete) of Goa. 359. Francisco Xavier Patrocinio Furtado, of Benaulim. 360. Vassudeva Guiri Quenim, of Goa. 361. Lidia Belinda Simoes, of Goa. 362. Firm V. M. Salgaocar & Irmao Ltda., of Vasco da Gama. 363. Sociedade Timblo Irmaos Ltd., of Margao. 364. Sociedade Timblo Irmaos Ltd., of Margao. 365. Sociedade Timblo Irmaos Ltd., of Margao. 366. Sociedade Timblo Irmaos Ltd., of Margao. 367. Ramacrisna Bandari, of Goa. 368. Caxinata Panduronaga Xete Parcar, of Curchorem. 369. Firma Sesa Goa Ltda., of Goa. 370. Firm S. Kantilal & Cia. Ltda., of Margao. 371. Atchuta Vishum S. Velingcar, of Velinga. 372. Quessova Sinai Cundo, of Margao. Banastarime adacen tes Tollem e Cazumodi Semdenomin acao especial Zorla ou Zolla Ditto Xellpem Ditto 30 of 30-7-1955 7,100 33 Fe/ Mang Iron Sonus Von Voliem Banastarim Ponda 14 of 14-5-1955 3,200 Ditto Ambeli Satari 15 of 21-5-1955 14,100 Ditto 16 of 18-6-1955 8,200 Ponsanadongor Fe/ Mang Codi Sanguem 17 of 25-6-1955 14,300 Malpona Vanganvoril dongor Ditto Malpona Satari 18 of 2-7-1955 12,100 Bondumollo Iron Molen Sanguem 19 of 9-7-1955 14,200 Siroli Culna Ditto Darban dora Ditto 20 of 9-7-1955 14,100 Ordosoddo Ditto Cormonem E Codli Ditto 21 of 9-7-1955 14,000 Odavoril tour Ditto Quirlapale Ditto 22 of 9-7-1955 14,200 Unia dongor Iron Querim Ponda 23 of 9-7-1955 10,300 Vellem Poicul e Daisaunto Fe/ Mang Darbandora Sanguem 25 of 9-7-1955 9,900 Cajumolla, etc. Ditto Sancordem Ditto 26 of 9-7-1955 6,200 Udolxem e Madia vangana Lacavelem uporgaovatta Ditto Ditto Ditto 28 of 16-7-1955 13,900 Ditto Agllote Ditto 29 of 23-7-1955 7,500 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 373. Firma Chowgule & Cia. Ltda., of Vasco da Gama. 374. Fir Sesa Goa Limiteda, of Goa. 375. Antonio Francisco Sales de Andrade, of Sanguem. 376. Gajanan Panduranga Xete Parcer. 377. Sociedade Timblo Irmaos Ltd., of Margao. 378. Sociedade Timblo Irmaos Ltd., of Margao. 379. Sociedade Timbio Irmaos Ltd., of Margao. 380. Sociedade Mineira Goesa Ltd., of Goa. 381. Sociedade Mineira Goesa Ltd., of Goa. 382. V. M. Salgaoncare Irmaos Ltda., of Vasco da Gama. 383. Caetano F. Ciprianode Souza of Sanquelim. 384. Eurico da Silva de Ataide e Teive de Noronha, of Porvorim. 385. Firm V. M. Salgaocar Irmaos Ltda., of Vasco da Gama. Dangarvado outroz Semdenom inacao especial Eduando ou mad everin Iron Gavanem Satari 31 of 30-7-1955 14,100 Fe/ Mang Pirna Nadora Bardez 32 of 30-6-1955 6,200 Ditto Tudou Sanguem 33 of 6-8-1955 14,200 Santonachi Upri Iron Dabal Ditto 34 of 13-8-1955 14,100 Mauco eatodichi Nuli Ditto Pale Bicholim 35 of 13-8-1955 13,000 UmoriemTican Ditto Surla Surla 36 of 13-8-1955 5,100 Kirmolachem Iron Ditto Bicholim 37 of 13-8-1955 8,700 Millem dongor Ditto Darbonora Sanguem 38 of 3-9-1955 14,300 Xirvolculna Ditto Ditto Ditto 39 of 3-9-1955 17,800 Quella Ditto Tivim Bardez 41 of 5-11-1955 11,000 Deulacodil tour Fe/ Mang Nirancal Ponda 1 of 18-1-1956 14,000 Bicholicho Choll Iron Mahem Bicholim 2 of 18-1-1956 14,100 Goteacho tembo ougoteacho molli Fe/ Mang Malpona Satari 3 of 1-2-1956 14,300 34 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 386. Shantilal Khushaldas and Bros. of Margao. 387. S. Kantilal & Cia. Ltda., of Margao. 388. Marcos Marcelino P. de Souza, of Goa. 389. Badrudin Hussenbhai Ramjee, of Goa. 390. Shantilal Kushaldas Bros., of Margao. 391. Gopinata Sinai Garco, of Agacalm. 392. Maria Anamalia V. B. Mascarenhas Baganza, ofMargao. 393. Jaising Maganalal, of Goa. 394. Marzook Cadar Ltda., of Margao. 395. Sociedade Lithoferro Ltda., of Mapusa. 396. Hirabai Hegde, of Margao. 397. Roguvir Naraina Lotle ecar, of Margao. 398. Roguvir Naraina Lotle ecar, of Margao. 399. Roguvir Naraina Lotle ecar, of Margao. Baburli sodo Fe/ Mang Cormonem Sanguem 4 of 1-2-1956 14,300 Niulitembo, Fatratembo Iron Bati,Valcem Ditto 5 of 8-2-1956 14,300 Gogal Fe/ Mang Usgao Bicholim 7 of 21-3-1956 14,000 Coro Pimpla codil Borod, etc. Aforamento de Burculo Sounsar Gauntona ou Undorna e cormal, etc. Iron Bordem Ditto 8 of 28-3-1956 3,200 Fe/ Mang Arvalem Ditto 9 of 28-3-1956 10,600 Ditto Molcornem Quepem 11 of 11-4-1956 13,500 Mida Ditto Naiquinim Sanguem 12 of 11-4-1956 7,500 Derguna Ditto Vagurim Satari 14 of 11-4-1956 6,500 Borgalle Ditto Colomba Sanguem 18 of 18-4-1956 12,600 Deugotimolavoril dongor Iron Sangod Ditto 19 of 18-4-1956 12,100 Bencre dando Fe/ Mang Cumbari Ditto 20 of 25-4-1956 7,600 Paicachi Zor, etc. Ditto Maina Quepem 21 of 2-5-1956 8,600 Xeme-Vain anchea dongor Lalbag ou Maticho Zaga Ditto Gangem Satari 22 of 2-5-1956 13,900 Ditto Carapur Bicholim 23 of 2-5-1956 3,600 35 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 400. Badrudin Hussenbhai Ramjee, of Margao. 401. Sheik Kadar Sheik Husman, of Goa. 402. Pedro Nolasco D'Souza, of Vasco da Gama. 403. S. Kantilal & Cia. Ltda., of Margao. 404. S. Kantilal & Cia. Ltda., of Margao. 405. Vinaeca Naique of Margao. 406. Damodar Mangalji & Cia. Ltda., of Goa. 407. Damodar Mangalji & Cia Ltda., of Goa. 408. S. Kantilal & Cia Ltda., of Margao. 409. Vassudeva Madeva Salgaocar of Vasco da Gama. 410. V. M. Salgaocar &Bros. Pvt. Ltd. 411. Firm V. M. Salgaocar & I Ltda., of Vasco da Gama. 412. Chowgule & Cia. Ltda., of Marmagao. 413. Roguvir Sinai Garco, of Margao 414. Joao Hugo Eduardo Sequeira, of Goa. Evalem Deulamol Tolpavaddo,etc. Iron Darbandora Ditto 43 of 31-10-1956 14,300 36 Fe/ Mang Costi Sanguem 24 of 16-5-1956 13,000 Carpadegga etc. Ditto Codli Ditto 25 of 16-5-1956 5,800 Vis a Vis de estacao de ferro Iron Colem Ditto 27 of 27-6-1956 8,900 Vilipiares Ditto Bati Ditto 29A of 22-8-1956 14,100 Gonsumoddi Ditto Ditto Ditto 30 of 22-8-1956 12,100 Madiencho Soddo Ditto Saigao Ditto 31 of 22-8-1956 14,100 Quitalmotta, etc. Ditto Arvalem Bicholim 33 of 22-8-1956 14,000 Dob e adjacentes Ditto Saigao Sanguem 34 of 22-8-1956 7,500 Bamanulcadem e outres Ditto Talauli Cumbari e Bati Ditto 36 of 29-8-1956 14,000 Aglotesoddo Ditto Aglote Ditto 38 of 17-10-1956 4,300 Malpona Culnavoril dongor Ditto Malpona Satari 39 of 17-10-1956 7,700 Gainvadd dongor Ditto Aglote Sanguem 40 of 17-10-1956 13,500 Cuntichem Tollem Ditto Ponocem Satari 41 of 24-10-1956 9,900 Carcareatemba Fe/ Mang Tudoru Sanguem 42 of 24-10-1956 11,200 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 415. Firm V. M. Salgaocar e Irmaos, of Vasco da Gama. 416. Avelino Francisco Fernandes, of Curchorem. 417. Damodar Mangalji & Cia. Ltd., of Goa. 418. Prakash Rajaram Hede, of Goa 419. Firm S. Kantilal & Cia. Ltda., of Margao. 420. Jorge Anibal de Matos Sequeira of Goa. 421. Martinho Coutinho, Cuncolim. 422. Roguvir S. Garco, of Margao 423. R.S. Garco, of Margao. 424. Naraina R. X. Amoncar, of Goa (Seguna Sitaram) Sirasat Legal heir). 425. Atchuta Visnum Sinai Velingcar, of Velinga. 426. Abdul Aziz Mohomed Jalal, of Goa. 427. Jose Maximiano S. O. Menezes Cota, of Agacaim. 428. Shaik, Aiyula, of Sanguem. Surlavain ganacho Vandivoril Gorbatta Mattideviculna Ubeafatricho dongor Zamblimollacho Soddo Anvaliamola, etc. Oileamola-voril Soddo Purso Boto e Prediavoril Moddi Xelpem e Adjacents Sem denominacao especial Oiteiro Matir, etc. Iron Aglote Sanguem 44 of 7-11-1956 13,300 Purna e Gogoll Ditto Costi e Cananguinim Ditto 45 of 12-12-1956 14,300 Vaguna Kuddo Iron Dabal Ditto 46 of 12-12-1956 9,200 Moliem Mangaddo Fe/ Mang Corlim Goa 48 of 19-12-1956 10,200 Kariamola, etc. Iron Bati Sanguem 49 of 19-12-1956 12,100 Fe/ Mang Iron Candola Ponda 10 of 25-3-1957 13,600 37 Maina Quepem 50 of 19-12-1956 9,100 Ditto Pirla e Maina Ditto 1 of 2-1-1957 9,200 Iron Muguli Sanguem 2 of 16-1-1957 13,000 Ditto Patiem e Tudou Ditto 3 of 28-1-1957 14,300 Ditto Velguem Satari 5 of 6-2-1957 12,400 Fe/ Mang Rivona Sanguem 6 of 6-2-1957 2,900 Ditto Xelpem Ditto 7 of 13-2-1957 12,800 Ditto Marna Assagao, Cuchelim e Mapusa Bardez 8 of 27-2-1957 13,900 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 429. Firm Damodar Mangalji & Cia. Ltda., of Goa. 430. Firm Chowgule & Cia. Ltda., of Mormugao. 431. Sociedada Timblo Irmos Ltda., of Margao. 432. Francisco Cecilio Jorge Sequira, of Goa. 433. Joaquim Antonio Maria Baptista, of Silva. 434. Sociedade Timblo Irmos Ltda., of Margao. 435. Francisco Cecilio, Jorge Sequeira, of Goa. 436. Sociedade Timblo Irmaos Ltda., of Margao. 437. Sociedade Timblo Irmaos Ltda., of Margao. 438. Sociedade Timblo Irmaos Ltda., of Margao. 439. Krishna Vamona Keni, of Goa. 440. Ramacanta Visnum Sinai Velingcar, of Velinga. 441. Viswasrao DatajiChowgule, of Marmagoa. Periudoc e Masticulnachem Advona Bozruguro, predio Pantovoril vall, etc. Carela e Dandia dongor Dolicho dongor e ter. adjts Iron Santona Sanguem 11 of 29-4-1957 9,300 Ditto Costi Dudal Ditto 12 of 29-4-1957 2,900 Ditto Aturlie Naroa Fe/ Mang Xelpem Ditto 13 of 6-5-1957 10,000 Moticho Dongor Ditto Nanuz Ganguem Bicholim 14 of 6-5-1957 10,000 Ditto 18 of 13-5-1957 14,900 Davoscoramolo Vaddo Iron Carapur Ditto 18A of 20-5-1957 8,300 Predio Ambexim Ditto Pale Ditto 19 of 20-5-1957 14,300 Oiteiro Fanascantem e Mas galicho soddo Ditto Quirlaple Sanguem 20 of 20-5-1957 14,300 Suriagal Murdi Ditto Bati Ditto 21 of 20-5-1957 8,500 Cancamolla e Halditembo Don ou Dudo nem e Polpi entre si ligados Corpadega, Valuco predio parna, etc. Fe/ Mang Rivona Ditto 22 of 20-5-1957 3,900 Ditto Nanora Bicholim 23 of 20-5-1957 4,000 Iron Darbandora Sanguem 24 of 3-6-1957 8,600 Conquichem Ran Fe/ Mang Piocul e Darbandora 38 Satari Sanguem 25 of 3-6-1957 10,800 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 442. Firm Chowgule & Cia. Ltda., of Marmagoa. 443. Mussa Xeque Usman, of Goa. 444. Santana Fernandes, of Margao. 445. S. Kantilal & Cia. Ltda., of Margao. 446. S. Kantilal & Cia. Ltda., of Margao. 447. Roguvir Sinai Garco, of S. Lourenoo. 448. Firm Shantilal Kushaldas and Bros., of Margao. 449. Ghanaxama Naraher Thaker, Panji-Goa. 450. Firm Chowgule & Cia. Ltda., of Margagoa. 451. Firm Chowgule & Cia. Ltda., of Margagoa. 452. Shri D.B. Bandodkar, of Panaji. 453. Firm Damodar Mangalji & Cia (I) Ltda., of Goa. 454. Firm Damodar Mangalji &Cia. (I) Ltda., of Goa. 455. Hori P. Curchorcar, of Goa. 456. Hori P. Curchorcar, of Goa. Bimbol dongor e ter adjits Dudagal culna, etc. Iron Xelopo Curado Satari 26 of 3-6-1957 14,300 Ditto Colem Sanguem 27 of 3-6-1957 12,000 Soddo Ditto Curtorim Salcete 28 of 1-7-1957 14,300 Carimol Charidimol Ditto Cumbari Sanguem 31 of 12-8-1957 14,100 Mudanrica Ditto Bati Ditto 32 of 12-8-1957 16,700 Tolem Bibla,etc. Ditto Rudou Ditto 33 of 12-8-1957 13,800 Iranqui Ditto Potrem Ditto 34 of 26-8-1957 7,600 Tacaoilo dongor Peguaca-Juncho Tembo Moransoddo Motto Goteacodlo Cud, etc. Madapor, Moson, etc. Sancodecho Dando, etc. Ditto Pissurlem e Onda Fe/ Mang Satari 37 of 9-9-1957 5,500 Ditto Tudou Sanguem 40 of 16-9-1957 11,500 Ditto Ditto Ditto 42 of 16-9-1957 13,100 Fe/ Mang Codqui Satari 43 of 30-9-1957 13,600 Iron Oragao Ponda 44 of 14-10-1957 6,000 Cormonem Sanguem 45 of 14-10-1957 13,500 Chafer, etc. Iron Querim Ponda 47 of 14-10-1957 10,700 Canfendongor, etc. Fe/ Mang Nirabaga Sanguem 48 of 14-10-1957 13,700 39 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 457. S. Kantilal & Cia. Ltda., of Margao. 458. Roguvir Sinai Garco, of Agacaim. 459. Tilu Madeva Xete Parcar, of Ponda. 460. Tito Trinidade P. Moraes, of Cuncolim. 461. Francisco C. Jorge Sequeria, of Goa. 462. Francisco C. Jorge Sequeria, of Goa. 463. Vicente Fernandes, of Merces 464. Joao Hugo Eduardo Sequeira, of Goa. 465. Joao HugoEduardo Sequeira, of Goa. 466. Sociedade Marzook & Cadar Ltda., of Vasco da Gama. 467. Caetona Francisco C. de Souza, of Sanguelim. 468. Venctexa Ananta P. Raicar, of Verem. 469. Nilconta Jaganata Coulecar, of Goa. 470. Sitarama Atmarama Naique, of Mapusa. 471. Shantaram, S. Samat, of Panaji. Kalledongor Fe/ Mang Cantor e Cantorli,etc. Sera denominaco especial Karidongor e outros Hoticho ondeavoril dongor. Dongor Sanguem 50 of 14-10-1957 13,900 Cairik, Colleanchemped, etc. Godeasoddo e outros Iron Bordem Bicholim 59 of 9-12-1957 13,900 Ditto Calem Sanguem 60 of 16-12-1957 10,600 Dapotcachem Fe/ Mang Curdi Ditto 61 of 23-12-1957 14,300 Baucui Connan Dongor, etc. Vainguinim dongor e outros Talichem Molle outros DangarvaddoSur aguinchi Uro dongor e adjacentes Iron Maem Bicholim 62 of 25-12-1957 12,700 Ditto Vainguinim Ditto 63 of 25-12-1957 14,000 Ditto Davem Satari 1 of 6-1-1958 14,300 Ditto Ditto Ditto 2 of 13-1-1958 13,000 Ditto Sanvordem Ditto 3 of 13-1-1958 13,900 Nirancarichi Ditto Sonal Ditto 4 of 13-1-1958 14,300 Vagler e outros Ditto Colem Sanguem 7 of 20-1-1958 13,800 Iron Verem Ponda 8 of 20-1-1958 14,300 Ditto Davem Satari 10 of 3-2-1958 14,300 Iron Ladpem Bicholim 13 of 24-2-1958 14,100 40 Fe/ Mang Begalim Pernem 12 of 10-2-1958 14,300 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 472. Sociedade Timblo Irmaos Ltda., of Margao. 473. Firma Damodar M. (India) Ltda., of Goa. 474. Abdul Rajak, Panaji. 475. Tomas Caetano de Sousa, of Raia. 476. Sripad P. Dhungh at,of Margao. 477. Vivian Coutinho of Margao. 478. Ramakrishna Bandari, of Goa. 479. Dorotia E. E. Aldemira, Pereira of Diwar. 480. Raguvir Xamba Naique, of Mapusa. 481. Viruparapa Basappa, of Margao. 482. Shantilal Kushaldas &Bros., of Margao. 483. Adolfo Patrocinio E. Gomes of Margao. 484. Heramba Ragoba Dolvi, of Pale. 485. Bahol Saunlo Naique Tari, of Sanguem. 486. Firm Shantilal Kushaldas &Bros., of Margao. Gaoteona e Dusri fall Masticule nachem Advona Iron Codil Sanguem 14 of 24-2-1958 5,900 Ditto Santona Ditto 15 of 3-3-1958 13,200 Pongrea Holdim Fe/ Mang Calm Ditto 16 of 10-3-1958 14,300 Godecoe e taradjts Capila gaechem Guedd. Marsode achem Pal sona Unia dongor e adjacentes Magititem b Mat tidongor Todguevoril Mordi Botvadie Vorvedeac odil Aralimolacho Tembo Batimola e Zemblisoddo Calguinicho Canno Choromoll e adjacentes Page mol e Saunri-Moll Ditto Ela Goa 17 of 24-3-1958 13,800 Iron Arvlem Bicholim 18 of 9-5-1958 14,300 Ditto Ugem e Cotarli 41 Ditto Sons Vono liem Satari 19 of 16-6-1958 9,600 Ditto Querim Ponda 21 of 13-6-1958 14,300 Ditto Ditto Ditto 22 of 13-6-1958 14,300 Fe/ Mang Navelim Bicholim 23 of 13-6-1958 14,200 Iron Maem Ditto 24 of 13-6-1958 14,300 Ditto Cananguinim Quepem 27 of 21-7-1958 14,300 Ditto Bati Sanguem 28 of 28-7-1958 12,300 Fe/ Mang Pale Bicholim 30 of 28-7-1958 6,400 Iron Bati Sanguem 31 of 28-7-1958 6,000 Ditto 33 of 11-8-1958 1,000 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 487. Daiananda B. Bandorcar, of Goa. 488. Daiananda B. Bandorcar, of Goa. 489. Firm V. M. Salgaocar e Irmaos Ltda., of Vasco da Gama. 490. Firm V. M. Salgaocar e Irmaos Ltda., of Vasco di Gama. 491. Firm Sesa Goa Ltda., of Goa. 492. Firm Sesa Goa Ltda., of Goa. 493. Vassudeva M. Salgaocar, of Vasco da Gama. 494. Vassudeva M. Salgaocar, of Vasco da Gama. 495. Vassudeva M. Salgaocar, of Vasco da Gama. 496. Vassudeva M. Salgaocar, of Vasco da Gama. 497. Vassudeva M. Salgaocar, of Vasco da Gama. 498. Vassudeva M. Salgaocar, of Vasco da Gama. 499. Firm V. M. Salgaocar e Irmaos Ltda., of Vasco da Gama. 500. Caxinata Deu Saupto Talaulicar, of Ponda. Sorvoi e Ambleanchem Moll Dolcachem Tolop Fe/ Mang Boma Ponda 34 of 11-8-1958 14,300 Iron Mulgao Bicholim 35 of 11-8-1958 13,000 Foliadondongor Ditto Morlem Satari 36 of 11-8-1958 14,100 Unio de Zamboli Ditto Molem Sanguem 37 of 11-8-1958 14,000 Toleachi add, etc. Ditto Arvelem Bicholim 38 of 11-8-1958 14,300 Ambaeculna Ditto Santona Sanguem 39 of 11-8-1958 13,200 Kalascondichem, etc. Durgea pan ou Durgaso Padispo-nnos Taria-Voilem, etc. Coirim olavoril advena Cotgui nem, Va guriem e Deus uam Ditto Latambarcem e sataro Ond-a Bicholim 40 of 11-8-1958 14,200 Fe/ Mang Curpem Sanguem 41 of 29-8-1958 10,300 Iron Sancor dem Ditto 42 of 29-8-1958 14,300 Ditto Sigao Ditto 43 of 29-8-1958 8,300 Ditto Melauli Satari 44 of 29-8-1958 13,500 Agapuri xeta Fe/ Mang Amona Bicholim 45 of 29-8-1958 5,000 Gulapa slacho temb, etc. Cormola chem Molle Anio temb Iron Melauli Satari 46 of 29-8-1958 14,200 Ditto Cudnem Bicholim 48 of 29-8-1958 14,000 42 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 501. Firm V. M. Salgaocar e Irmaos Ltda., of Vasco da Gama. 502. Firm S. Kantilal & Cia Ltda., of Margao. 503. Mohanlal S. Rege.of Quepem. 504. Firm Chowgule and Cia. Ltda., of Marmagoa. 505. Firm Chowgule and Cia. Ltda., of Marmagoa. 506. Firm Chowgule and Cia. Ltda., of Marmagoa. 507. Ismail Bin Abdul Latif, of Goa. 508. Rodolfo Gomes, of Margao 509. Mineria Prometedo-ra Ltda., of Natorlim. 510. Vassudeva P. P. Velguencar, of Curchorem. 511. Firm Chowgule & Cia. Ltda., of Marmagao. 512. Firm Chowgule and Cia. Ltda., of Marmagoa. 513. Firm Chowgule and Cia. Ltda., of Marmagoa. 514. Gangadhar Narsingdas Agrawal, of Margao. Xedichem Advona Paicatem-bo e adjacentes Cotuevade achi tembo Pateaoilo tembo, Co ridongrac hem Palso na e adjacentes Sastachoa dvo o ter adjts. Godemsod-ddo eter adjts. Camarali e adjacentes Tatode, Devichi Rain,etc. Fe/ Mang Porie m e podoce m. Satari 47 of 29-8-1958 13,600 Iron Bati Sanguem 49 of 12-9-1958 4,300 Ditto Colam Ditto 50 of 12-9-1958 4,800 Ditto Ambeli Satari 51 of 29-9-1958 14,300 Ditto Navelim Amona Ditto Sigao Colem Bicholim 52 of 22-9-1958 13,000 Sanguem 53 of 22-9-1958 11,300 Ditto Codar Ponda 55 of 22-9-1958 4,600 Ditto Darban dora Sanguem 59 of 29-9-1958 12,500 Bonquitem ba Ditto Vichundrem Ditto 66 of 17-10-1958 14,200 Madtudad e ter, adjts. Godamsod-do Goule vadd, etc. Deunacho Dongor e ter adjts. Aldonaveddi e ter adjts. Sem deno Minacao especial Ditto Nirancal Ponda 67 of 17-10-1958 5,100 Ditto Sigao Sanguem 70 of 24-11-1958 8,700 Ditto Sanvordem Satari 71 of 28-11-1958 8,200 Ditto Maem Bicholim 73 of 28-11-1958 14,300 Ditto Navelim Ditto 74 of 28-11-1958 14,100 43 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 515. Jaganata Ganecar, of Goa. 516. Firm Shantilal Kushaldas &Bros., of Margao. 517. Vassudeva Panduronga Velguencar, of Curchorem. 518. Ramakanta Rajarama Panguincar, of Margao. 519. D. Maria Georgina Correia M.e. Lopes of Goa. 520. Rama Nilu Naique of Carambolim. 521. Pundolica Poi Vernencar of Merces (c/o Manibai P. Varekar). 522. Sripada Gopinata Carco of Margao. 523. Xembu Govinda Sinai, Cuvelcar, of Goa. 524. Ranum Dottu P. Loundo, of Goa. 525. Ranum Dottu P. Loundo, of Goa. 526. Firm Damodar Mangalji & Cia. Ltda., of Goa. 527. Jaganata C. Port abo Mambro, of Mapusa. 528. Xarachandra J. Zarapcar of Mapusa. Cupadongor adam tembo, etc. Novelim dar e ter adjts Gantcarach dongor Querem Kapreacho Tan Deugui Iron Sancordem Sanguem 75 of 22-12-1958 14,000 Fe/ Mang Arvalem Bicholim 76 of 26- 12-1958 5,500 Morancho tembo Iron Sarvona Ditto 1 of 9-3-1959 11,000 Datachem Fatrimola, etc. Fe/ Mang Sangordem Satari 3 of 23-3-1959 8,500 Loban Molo Iron Poriem Ditto 4 of 6-4-1959 12,500 Bindimo la e ter adjts Ondolo e terrenos adjts. Marvan dega e ter adjts Vatoli Mordi, etc. Damonehemcho advo e ter adj. Santone soddo e ter adjits. Mang Betqui Ponda 5 of 27-4- 1959 7,700 Iron Damocem Guleli Ditto Advoi Paddoli Iron Darbandora Sanguem 7 of 9-5-1959 4,100 Ditto Ditto Ditto 8 of 9-5-1959 12,900 Fe/ Mang Curdi Sanguem 11 of 9-5-1959 3,400 Satari 14 of 9-5-1959 10,300 Ditto 15 of 9-5-1959 10,100 Cott e ter adjts. Ditto Betqui Ponda 16 of 9-5-1959 9,600 Ditto Bordem Bicholim 17 of 9-5-1959 7,200 Mang Chorao Goa 18 of 9-5-1959 6,200 44 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 529. Panduronga Sinai Garco of Margao. 530. Tulxides Madeva Xete Deulcar of Calem. 531. Vinaeca Naique, of Margao. 532. Antoni F. Querino Gomes of Cavellossim. 533. Narahari Siurama X. Narvencar of Goa. 534. Narahari Siurama X. Narvencar of Goa. 535. Sripada A. S. Sanvo Sanvordencar of Curchorem. 536. JoaquimMilagres Piedade Dias of Goa. 537. Mucunda Sazu S. Salelcar of Sanguem. 538. Firm V. S. Dempo & Cia.Ltda., of Goa. 539. Shantilal Kushaldas &Bros. Ltd., of Margao. 540. Sociedade Mineira Explore dora of Sanguem. 541. Narahari Siurama X. Narvencar of Goa. 542. Firm Mineira Nacional Ltda., of Margao. Mortimolavoril soddo e teri adjacentes Deugotimola, Pilagal, Gogala etc. Carada, Binditemba,etc. Margalicho soddo etc. Era Venganavoril Mordi Ambeadeoc e out ros ter adj. Tolichem advona e ter adjts. Cott e parte de Chinchecho Soddo etc. Butermola Antre mola Dudemol etc. Rajabaga e terrenos adjacentes Duriamodi e terrenos adjacentes Cargal Tervole Santonamorbi, etc. Mata Nacional, Talsai, etc. Pedicho soddo e Bomachem Vadio soddo Iron Conquirem Satari 21 of 9-5-1959 12,500 Ditto Maulinguem Sanguem 22 of 8-6-1959 11,700 Ditto Codar Ponda 24 of 8-6-1959 13,400 Ditto Calam Sanguem 29 of 29-6-1959 14,300 Iron Bomae Cunooliem 45 Fe/ Mang Molcor nem Quepem 30 of 29-6-1959 11,500 Iron Santona Rumbrem Ditto Bandoli Codli Sanguem 31 of 29-6-1959 13,000 Ditto 33 of 29-6-1959 10,400 Ditto Priol Ponda 35 of 29-6-1959 14,300 Ditto Curdi Sanguem 36 of 29-6-1959 13,800 Fe/ Mang Cananguinim (Cola) Canacona 37 of 29-6-1959 14,300 Ditto Antoriem Sanguem 38 of 29-6-1959 11,000 Ditto Muguli Ditto 43 of 31-8-1959 14,300 Ditto Curdi Ditto 44 of 31-8-1959 10,500 Ponda 47 of 21-9-1959 12,200 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 543. Xec Ayub, of Sanguem. 544. Bascora Saguna Corpe of Valpoi. 545. Caximo Can Moraji Can of Margao. 546. Manoharlal Damodar of Goa. 547. Sociedade Lithoferro Ltda., of Mapusa. 548. Sociedade Lithoferro Ltda., of Mapusa. 549. Ramcrisna Dattu Porab Loundo of Panaji. 550. Firm S. Kantilal & Cia. Ltda., of Margao. 551. Firm Sesa Goa Ltda., of Goa. 552. Sociedade S. Kantilal & Cia. Ltda., of Margao. 553. Firm S. Kantilal & Cia Ltda., of Margao. 554. Mohanlal Vassudeva Salgaocar, of Vasco da Gama. 555. Lidia Bolinda Simoes, of Goa. Vagulped ou Vaguemor di e ter adj. Fofande, Cuzreacho tembo Zorioilo dongor e ter adjts. Pondichi Mat e golxi Dhat,etc. Oiteiro Tolto e adjacentes Camanchem tembo e ter adjts. Matiecho donger e eter adjts. Karut Umola panorcem Anio temb, etc. Poini Salauli e ter adjacentes Santona Vadi Soddo e ter. adjts. Dignem soddo Gantonamola Gogole Galli sorod Govindachi Gatti e ter adjts. Edumolavoril dongri ou Cancuta Iron Curdi Sanguem 49 of 21-9-1959 3,100 Fe/ Mang Fe/ Mang Massordem Satari 50 of 21-9-1959 9,300 Iron Anmona Bicholem 52 of 21-9-1959 7,100 Ditto Att. Estavan Goa 54 of 21-9-1959 4,600 Ditto Pissusurlem Satari 57 of 27-9-1959 14,300 Ditto Mololem Sanguem 58 of 27-9-1959 14,300 Ditto Cudnem e e Navelim Bicholem 59 of 27-9-1959 14,200 Ditto Selailauli Sanguem 62 of 28-9-1959 12,500 Ditto Santona Ditto 64 of 28-9-1959 14,100 Ditto Curdi Ditto 65 of 28-9-1959 13,900 Ditto Cumbari Ditto 68 of 28-9-1959 3,300 Ditto Fatorpa Quepem 70 of 28-9-1959 14,300 Netorlim Sanguem 71 of 28-9-1959 5,700 46 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 556. Manohar Sinai Quirtonim, of Margao. . 557. Xarachandra Janardana Zarapoar, of Mapusa. 558. Lidia Belinda Simoes, of Goa. 559. Rauji Raia Quirtonim, of Goa. 560. Lidia Belinda Simoes, of Goa. 561. Firm Sesa Goa Ltda., of Goa. 562. Firm Sesa Goa Ltda., of Goa. 563. Jaising Maganlal, Panaji. 564. Naracinva Purshottam Suquercar, of Margao. 565. Loximona Porobo’ Concar, of Margao. 566. Vassudeva Madeva Salgaocar, of Vasco da Gama. 567. Krisna Vamona Keni of Goa. 568. Loximona Concar, of Margao. 569. Tulxidas Madeva Deucar, of Calem. 570. S. Kantilal & Cia. Ltda., of Margao. Sem denominacao especial Bomacanto Dob e Matarimoli Deuguimol Devabaga e ter adjts. Simeacha Molavoril dongor, etc. Musfodavoril Mordi e ter adjts. Casulem Casuleancho Condo, etc. Vagacho dongor Marseanglacho, etc. Matas de Sida Ditto Salauli Ditto 5 of 29-1-1960 13,500 47 Iron Colomba Sanguem 72 of 28-9-1959 14,300 Mang Malauli e Agolte Satari Sanguem 73 of 28-9-1959 7,400 Iron Caurem Quepem 74 of 28-9-1959 11,900 Ditto Guleli Satari 76 of 7-10-1959 11,000 Fe/ Mang Maina Quepem 77 of 13-10-1959 13,600 Ditto Sancordem Sanguem 78 of 13-10-1959 9,300 Iron Xelopa Satari 79 of 7-10-1959 14,200 Careamol Ditto Pirla Quepem 80 of 16-11-1959 14,200 Coladongor Fe/ Mang Piliem Sanguem 81 of 16-11-1959 10,400 Doro ou Camprempeda Arunem e Vandimal-xeucar Vissanvarshi Dhat etc. Pimplamola Chmeterichem advona Datrem Santona codil Raim, etc. Iron Cuncoliem Ponda 82 of 30-11-1959 13,200 Ditto Sircodem de Calem Mang Poriem e Moriem Satari 83 of 14-12-1959 12,100 Fe/ Mang Cuxirem Ditto 84 of 14-12-1959 6,700 Iron Dabal Sanguem 85 of 14-12-1959 6,300 Ditto 3 of 18-1-1960 14,000 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 571. Sesa Goa Ltda., of Goa. 572. Sesa Goa Ltda., of Goa. 573. Loximona Crisna Saunto, of Ponda. 574. Sociedade Timblo Irmaos Ltda., of Margao. 575. Rodolfo Gomes, of Margao. 576. Ananta Poi Polondicar of Margao. 577. Romeo lamartinho Gomes, of Margao. 578. Firm Damodar Mangalji Cia. Ltda., of Goa. 579. V. S. Dempo & Cia. Ltda., of Goa. 580. S. Kantilal & Cia. Ltda., of Margao. 581. Esvonta Govinda X. Verencar of Colem. 582. Raguvir P.Pissurlekar of Mapusa. 583. Shantilal Kushaldas &Brothers Ltd., of Margao. 584. Rauji Raja Sinai Quirtonim of Goa. 585. Damodar Mangalji & Cia. Ltda., of Goa. 586. Shantilal Kushaldas &Bros. Ltd., of Margao. Nagonem Borod Iron Colem Sanguem 6 of 29-1-1960 9,600 Bag Moitem de Palvel Semdenominacao especial Ditto Advolpale e Assonora Fe/ Mang Bicholim Bardes 7 of 5-2-1960 14,300 Codar Ponda 8 of 5-2-1960 14,100 Cormolcantem Iron Colem Sigao Labala ou Dabala Fe/ Mang Dabal e Nicancal Sem denominacao especial Iron Sircodem de Calem Sanguem 10 of 22-2-1960 10,700 Ponda 12 of 22-2-1960 10,400 Sanguem 11 of 22-2-1960 7,300 Piliem e Ocambo Ditto Darbandora Ditto 13 of 22-2- 1960 11,400 Hoddo Codem Bindisodo Gorbaim Golacho tembe Madatembo e Tolietembo Cordaho Voll, Tiptachi Gali Ditto Cormonem Calem Ditto Navelim e Surla Fe/ Mang Ditto 15 of 29-4- 1960 14,300 Bichoiim 17 of 29-4-1960 10,100 Ditto Bati Sanguem 20 of 17-6-1960 13,300 Revora Bardez 22 of 17-6-1960 3,900 Bindichi Goll Iron Vagalem Satari 23 of 17-6-1960 11,600 Tancamolavoilo soddo Cunneatulea Xentatulo Teramola e Bandora tembo Goinchem Molan Cassal Gali Ditto Quirlapale Sanguem 24 of 17-6-1960 4,200 Fe/ Mang Fe/ Mang Netorlim Ditto 25 of 20-6-1960 9,500 Iron Codli Ditto 26 of 22-8-1960 14,300 Curpem Ditto 1 of 9-1-1961 4,700 48 ----- Sl. No. Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Amount (in Rs.) 1 2 3 4 5 6 7 8 587. Xembu Govinda Sinai Cuvelcar of Goa. 588. Panduronga N. Sanvordencar, of Sanvordem. 589. Gangadhar Narsingdas Agrawal, of Margao. 590. Cosme Simeao Moraes, Cuncolim. 591. Bhaskar Hari Dalvi Pale. Pelembata e outros Madachem bata Ditto Pale Bicholim 8 of 30-8-1961 9,300 49 Iron Orgao e Tiurem Ponda 3 of 10-2-1961 6,400 Sircodem Culna Ditto Sircodem Sanguem 4 of 24-8-1961 8,100 Borchem mordi Fe/ Mang Maina Quepem 6 of 24-8-1961 14,300 Satiasmoli e Dongri Iron Maina e Colombo Ditto Sanguem 7 of 30-8-1961 13,900 ----- THE SECOND SCHEDULE [See sections 4(2), 6, 7 and 9(1)] DETAILS OF MINING CONCESSIONS ABOLISHED AND DECLARED AS MINING LEASES ON AND FROM A DATE SUBSEQUENT TO THE APPOINTED DAY Sl. No Name of the concession holder and his residence Denomination of the mine Nature Situation Number and date of title Village Taluka Date of abolition and declaration of any mining lease Amount (in Rs.) 1 2 3 4 5 6 7 8 9 1. GeorginaFilo mena de Figueiredo, of Loutulim. 2. Vassudeva Guiri Quenim, of Goa. 3. FirmaMineria Nacmol Ltd., of Margao. 4. Firma Mineria Nacinal Ltd., of Margao. 5. Companhia Mineria Progresso limitada, of Sanguem. Predico Oiteiral do Estadoe Outros Culnasodd e outros Vagmoloi Perisodo Fe/ Mang Fe/ Mang Colem Sanguem 2 of 11-7-1963 12-7-1963 11,200 Iron Bali Quepem 3 of 11-7-1963 12-7-1963 11,200 Curdi Sanguem 4 of 11-7-1963 12-7-1963 8,200 Namosmodi Ditto Ditto Ditto 5 of 11-7-1963 12-7-1963 9,500 Morga Foncul ou Chicolmolo Ditto Vichundrem Ditto 6 of 10-8- 1963 11-8-1963 11,600 50 -----

14-Sep-1987

35

The Expenditure-tax Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1892/1/a1987-35.pdf

central

# THE EXPENDITURE-TAX ACT, 1987 ________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Application of the Act. 4. Charge of expenditure-tax. 5. Meaning of chargeable expenditure. 6. Tax authorities. 7. Collection and recovery of expenditure-tax. 8. Person responsible for collecting tax to furnish prescribed return. 9. Assessment. 10. Best judgment assessment. 11. Chargeable expenditure escaping assessment. 12. Rectification of mistake. 13. Time limit for completion of assessment and reassessment. 14. Interest on delayed payment of expenditure-tax. 15. Penalty for failure to collect or pay expenditure-tax. 16. Penalty for failure to furnish prescribed return. 17. Penalty for concealment of chargeable expenditure. 18. Penalty for failure to comply with notice. 19. Penalty not to be imposed in certain cases. 20. Notice of demand. 21. Revision of orders by the Commissioner. 22. Appeals to the Commissioner (Appeals). 23. Appeals to Appellate Tribunal. 24. Application of provisions of Income-tax Act. 25. Wilful attempt to evade tax, etc. 26. Failure to furnish prescribed returns. 27. False statement in verification, etc. 28. Abetment of false return, etc. 29. Certain offences to be non-cognizable. 30. Institution of proceedings and composition of offences. 31. Power to make rules. 32. Power to remove difficulties. 33. [Repealed.] 1 ----- # THE EXPENDITURE-TAX ACT, 1987 ACT NO. 35 OF 1987 [14th September, 1987.] # An Act to provide for the levy of a tax on expenditure incurred in certain hotels [1][or restaurants and for matters connected therewith or incidental thereto]. BE it enacted by Parliament in the Thirty-eighth Year of the Republic India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Expenditure-tax Act,** 1987. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (1) “assessee” means a person responsible for collecting the expenditure-tax payable under the provisions of this Act; (2) “assessment year” means the period of twelve months commencing on the 1st day of April every year; (3) “Board” means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (4) “chargeable expenditure” means the expenditure referred to in section 5; (5) “expenditure-tax” or “tax” means the tax chargeable under the provisions of this Act; (6) “hotel” includes a building or part of a building where residential accommodation is, by way of business, provided for a monetary consideration; (7) “Income-tax Act” means the Income-tax Act, 1961 (43 of 1961); (8) “person responsible for collecting” means a person who is required to collect tax under this Act or is required to pay any other sum of money under this Act and includes— (a) every person in respect of whom any proceedings under this Act have been taken, and (b) every person who is deemed to be an assessee-in-default under any provision of this Act; (9) “prescribed” means prescribed by rules made under this Act; 3[(9A) “restaurant” means any premises, not being a restaurant situated in a hotel referred to in clause (1) of section 3, in which the business of sale of food or drink to the public is carried on and such premises, at the beginning of any month, are equipped with, or have access to, facilities for air-conditioning;] (10) “room charges” means the charges for a unit of residential accommodation in a hotel and includes the charges for— (a) furniture, air-conditioner, refrigerator, radio, music, telephone, television, and (b) such other services as are normally included by a hotel in room rent, but does not include charges for food, drinks and any services other than those referred to in sub-clauses (a) and (b); 1. Ins. by Act 49 of 1991, s. 113 (w.e.f. 1-10-1991). 2. 1st November, 1987, vide notification No. S.O. 919(E), dated 14th October, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3. Ins. by Act 49 of 1991, s. 114 (w.e.f. 1-10-1991). *. 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 ----- (11) 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. 1[3. Application of the Act.—This Act shall apply in relation to any chargeable expenditure— (1) [2][incurredbefore the 1st day of June, 2003 in a hotel] wherein the room charges for any unit of residential accommodation at the time of incurring of such expenditure are[3][threethousand rupees or more per day] and where,— (a) a composite charge is payable in respect of such unit and food, the room charges included therein shall be determined in the prescribed manner; (b) (i) a composite charge is payable in respect of such unit, food, drinks and other services, or any of them, and the case is not covered by the provisions of sub-clause (a), or (ii) it appears to the Assessing Officer that the charges for such unit, food, drinks or other services are so arranged that the room charges are understated and the other charges are overstated, the Assessing Officer shall, for the purposes of this clause determine the room charges on such reasonable basis as he may deem fit; and (2) incurred in a restaurant [4][before the 1st day of June, 1992.] **4. Charge of expenditure-tax.—Subject to the provisions of this Act, there shall be charged on and** from— (a) the commencement of this Act[5][but not after the 31st day of May, 2003], a tax at the rate of 6[ten per cent.]of the chargeable expenditure incurred in a hotel referred to in clause (1) of section 3: Provided that nothing in this clause shall apply in the case of a hotel referred to in [7][clause (a) of sub-section (7) of section 80-IB] of the Income-tax Act during the period beginning on the 1st day of April, 1991 and ending on the 31st day of March, 2001: 8[Provided further that nothing in this clause shall apply in the case of a hotel referred to in 9[clause (a) of sub-section (7) of section 80-IB] of the Income-tax Act, 1961 (43 of 1961) during the period beginning on the 1st day of April, 1998 and ending on the 31st day of March, 2008]. (b) the 1st day of October, 1991, [10][but not after the 31st day of May, 1992] a tax at the rate of fifteen per cent. of the chargeable expenditure incurred in a restaurant referred to in clause (2) of section 3. **5. Meaning of Chargeable expenditure.—For the purposes of this Act, chargeable expenditure,—** (1) in relation to a hotel referred to in clause (1) of section 3, means any expenditure incurred in, or payments made to, the hotel in connection with the provision of— (a) any accommodation, residential or otherwise; or 11* - - - (c) any accommodation in such hotel on hire or lease; or 12* - - - but does not include— (i) any expenditure which is incurred, or payment for which is made, in foreign exchange 13[before the 1st day of October, 1992;] 1. Subs. by Act 49 of 1991, s. 115, for sections 3 to 5 (w.e.f. 1-10-1991). 2. Subs. by Act 32 of 2003, s. 102, for “incurred in a hotel” (w.e.f. 1-6-2003). 3. Subs. by Act 20 of 2002, s. 115, for “two thousand rupees or more per day per individual” (w.e.f. 1-6-2002). 4. Ins. by Act 18 of 1992, s. 105 (w.e.f 1-6-1992). 5. Ins. by Act 32 of 2003, s. 103 (w.e.f. 1-6-2003). 6. Subs. by Act 32 of 1994, s. 57, for “twenty per cent.” (w.e.f. 1-6-1994). 7. Subs. by Act 27 of 1999, s. 98, for “clause (ii) of sub-section (5) of section 80-IA” (w.e.f. 1-4-2000). 8. Ins. by Act 26 of 1997, s. 61 (w.e.f. 1-4-1998). 9. Subs. by 27 of 1999, s. 98, for “clause (iia) or sub-section (5) of section 80-1A” (w.e.f. 1-4-2000). 10. Subs.by Act 18 of 1992, s. 106, for “the commencement of this Act” (w.e.f. 1-6-1992). 11. Sub-clause (b) omitted by Act 20 of 2002, s. 116 (w.e.f. 1-6-2002). 12. Sub-clause (d) omitted by s. 116, ibid. (w.e.f. 1-6-2002). 13. Ins. by Act 18 of 1992, s. 107 (w.e.f. 1-6-1992). 3 ----- (ii) any expenditure incurred by persons within the purview of the Vienna Convention on Diplomatic Relations, 1961 or the Vienna Convention on Consular Relations, 1963; (iii) any expenditure incurred in any shop or in any office which is not owned or managed by the person who carries on the business of a hotel; (iv) any expenditure by way of any tax, including tax under this Act. _Explanation.—For the purposes of this clause,—_ (a) expenditure incurred or any payments made in Indian currency obtained by conversion of foreign exchange into Indian currency shall in such cases and in such circumstances as may be prescribed be deemed to have been incurred or, as the case may be, made in foreign exchange; and (b) “foreign exchange” and “Indian currency” shall have the meanings respectively assigned to them in clauses (h) and (k) of section 2 of the Foreign Exchange Regulation Act, 1973 (46 of 1973); (2) in relation to a restaurant referred to in clause (2) of section 3, means any expenditure incurred in, or payments made to, a restaurant in connection with the provision of food or drink by the restaurant, whether at the restaurant or outside, or by any other person in the restaurant, but does not include any expenditure referred to in sub-clauses (ii) and (iv) of clause (1).] **6.Tax authorities.—[1][(1) Every Director General of Income-tax, Chief Commissioner of Income-tax,** Director of Income-tax, Commissioner of Income-tax, Commissioner of Income-tax (Appeals) [2][Additional Director of Income-tax,[3][Joint Director of Income-tax, Joint Commissioner of Income-tax] Deputy Director] of Income tax, Deputy Commissioner of Income-tax, Assistant Director Income-tax, Assistant Commissioner of Income-tax, Income-tax Officer, Tax Recovery Officer and Inspector of Income-tax shall have the like powers and perform the like functions under this Act as he has and performs under the Income-tax Act, and for the exercise of his powers and the performance of his functions, his jurisdiction under this Act shall be the same as he has under the Income-tax Act.] (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 [4][Chief Commissioner or Commissioner] (Appeals) in the exercise of his appellate functions. (3) Every [5][Assessing Officer] employed in the execution of this Act shall observe and follow the orders, instructions and directions issued for his guidance by the [6][Director General or Director or by the Chief Commissioner or Commissioner] or by the [7][Additional Commissioner of Income-tax or] [8][Joint Commissioner] within whose jurisdiction he performs his functions. 9[7. Collection and recovery of expenditure-tax.—(1) Where any chargeable expenditure is incurred in a hotel referred to in clause (1) of section 3,— (a) if such expenditure relates to any of the services, specified in sub-clauses (a) to (d) of clause (1) of section 5, provided by the hotel, the person who carries on the business of such hotel; and (b) if such expenditure relates to any of the services, specified in sub-clause (b) or sub-clause (d) of clause (1) of section 5, provided by the other person referred to therein, such other person, 1. Subs. by Act 26 of 1988, s. 73, for sub-section (1) (w.e.f. 1-4-1988). 2. Subs. by Act 32 of 1994, s. 58, for “Deputy Director” (w.e.f. 1-6-1994). 3. Subs. by Act 21 of 1998, s. 82, for “Additional Commissioner of Income-Tax” (w.e.f. 1-10-1998). 4. Subs. by Act 26 of 1988, s. 72, for “Commissioner” (w.e.f. 1-4-1988). 5. Subs. by, s. 72, ibid., for “Income-tax Officer” (w.e.f. 1-4-1988). 6. Subs. by Act 26 of 1988, s. 73, for “Director of Inspection or by the Commissioner” (w.e.f 1-4-1988). 7. Subs. by Act 32 of 1994, s. 58, for “Deputy Commissioner” (w.e.f. 1-6-1994). 8. Subs. by Act 21 of 1998, s. 82, for “Deputy Commissioner” (w.e.f 1-10-1998). 9. Subs. by Act 49 of 1991, s. 116, for section 7 (w.e.f. 1-10-1991). 4 ----- shall collect the expenditure-tax at the rate specified in clause (a) of section 4. (2) Where any chargeable expenditure is incurred in a restaurant referred to in clause (2) of section 3 1[before the 1st day of June, 1992] in relation to any services specified in clause (2) of section 5 and where such services are— (a) provided by the restaurant, the person who carries on the business of such restaurant; and (b) provided by the other person, such other person, shall collect the expenditure-tax at the rate specified in clause (b) of section 4. (3) The tax collected during any calendar month in accordance with the provisions of sub-sections (1) and(2) shall be paid to the credit of the Central Government by the 10th of the month immediately following the said calendar month. (4) Any person responsible for collecting the tax, who fails to collect the tax in accordance with the provisions of sub-section (1) or sub-section (2) shall, notwithstanding such failure, be liable to pay the tax to the credit of the Central Government in accordance with the provisions of sub-section (3).] **8. Person responsible for collecting tax to furnish prescribed return.—(1) Every person** responsible for collecting the tax shall before the expiry of four months from the 31st day of March in each year, furnish or cause to be furnished to the [2][Assessing Officer] in the prescribed form and verified in the prescribed manner, a return in respect of the immediately preceding financial year showing— (a) the aggregate of the payments received in respect of chargeable expenditure; (b) the amount of the tax collected; (c) the amount of the tax paid to the credit of the Central Government; and (d) such other particulars as may be prescribed. (2) In the case of any person who, in the opinion of the [2][Assessing Officer], is responsible for collecting tax under this Act and who has not furnished a return under sub-section (1), the [ 2][Assessing Officer] may, before the expiry of the financial year in which the return is to be furnished, issue a notice to him and serve the same upon him, requiring him to furnish within thirty days from the date of service of the notice the return in the prescribed form and verified in the prescribed manner setting forth such other particulars as may be prescribed. (3) Any person responsible for collecting the tax who has not furnished the 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 before the assessment is made. **9. Assessment.—(1) For the purpose of making an assessment under this Act, the** [2][Assessing Officer] may serve on any person who has furnished a return under section 8 or upon whom a notice has been served under sub-section (2) of section 8 (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 other evidence as the [2][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 [2][Assessing Officer], after considering such accounts, documents or other 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 expenditure and the amount of tax payable on the basis of such assessment. 1. Ins. by Act 18 of 1992, s. 108 (w.e.f. 1-6-1992). 2. Subs. by Act 26 of 1988, s. 72, for “Income-tax Officer” (w.e.f. 1-4-1988). 5 ----- **10. Best judgment assessment.—If—** (a) any person fails to make the return required by any notice given under sub-section (2) of section 8 and has not made a return or a revised return under sub-section (3) of that section, or (b) any person having made a return fails to comply with all the terms of a notice issued under sub-section (1) of section 9, or (c) the[1][Assessing Officer] is not satisfied with the correctness or the completeness of the accounts of the assessee, the [1][Assessing Officer], after taking into account all the relevant material which he has gathered, shall, by an order in writing, make the assessment of the chargeable expenditure to the best of his judgment and determine the sum payable by the assessee or refundable to the assessee on the basis of such assessment. **11. Chargeable expenditure escaping assessment.—If—** (a) the [1][Assessing Officer] has reason to believe that by reason of omission or failure on the part of the assessee to make a return under section 8 for any assessment year or to disclose wholly and truly all material facts necessary for his assessment for any assessment year, chargeable expenditure for that year has escaped assessment or has been under-assessed, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the [1][Assessing Officer] has,in consequence of information in his possession, reason to believe that chargeable expenditure assessable in any assessment year has escaped assessment or has been under-assessed, he may, in cases falling under clause (a), at any time, and in cases falling under clause (b), at any time within four years from the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 8 and may proceed to assess or reassess the chargeable expenditure, and the provisions of this Act shall, so far as may be, apply, as if the notice was a notice issued under that section. **12. Rectification of mistake.—(1) With a view to rectifying any mistake apparent from the record,** the tax authority referred to in section 6 which passed any order under the provisions of this Act may, within four years of the date on which such order was passed, amend the order. (2) 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), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided. (3) Subject to the other provisions of this section, the authority concerned— (a) may make an amendment under sub-section (1) of its own motion, and (b) shall make such amendment if any mistake is brought to its notice,— (i) by the assessee; or (ii) where the authority concerned is the [2][Chief Commissioner or Commissioner] (Appeals), by the [1][Assessing Officer]. (4) An amendment, which has the effect of enhancing an 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. (5) Where an amendment is made under this section, an order shall be passed in writing by the tax authority concerned. (6) Subject to the other provisions of this Act, where any such amendment has the effect of reducing the assessment, the[1][Assessing Officer] shall make any refund which may be due to such assessee. 1. Subs. by Act 26 of 1988, s. 72, for “Income-tax Officer” (w.e.f. 1-4-1988). 2. Subs. by s. 72, ibid., for “Commissioner” (w.e.f. 1-4-1988). 6 ----- (7) Where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the [1][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 issued under section 20 and the provisions of this Act shall apply accordingly. **13. Time limit for completion of assessment and reassessment.—(1) No order of assessment shall** be made under section 9 or section 10 at any time after the expiration of a period of four years from the end of the assessment year in which the chargeable expenditure was first assessable, or one year from the date of the filing of the return or revised return under section 8, whichever is later. (2) No order of assessment or reassessment shall be made under section 11,— (a) where the assessment or reassessment is to be made in a case falling within clause (a) of section 11 for which a notice has been served upon the assessee, at any time after the expiration of a period of four years from the end of the assessment year in which the said notice was served; (b) where the assessment or reassessment is to be made in a case falling within clause (b) of section 11, for which a notice has been served, after the expiration of a period of— (i) four years from the end of the assessment year in which the chargeable expenditure was first assessable, or (ii) one year from the date of service of such notice, whichever is later. (3) Notwithstanding anything contained in sub-sections (1) and (2), an order of fresh assessment in pursuance of an order passed under section 21, section 22 or section 23, setting aside or cancelling an assessment, may be made at any time before the expiry of four years from the end of the financial year in which the order under section 21 is passed by [2][the Commissioner, or the order is received by the Chief Commissioner or Commissioner, as the case may be, under section 22 or section 23] shall be substituted. (4) The provisions of sub-sections (1) and (2) shall not apply to the assessment or reassessment made in consequence of, or to give effect to, any finding or direction contained in an order under section 21, section 22, section 23 [3][or any order of the National Tax Tribunal or of a High Court] or Supreme Court in a proceeding by way of reference or appeal under this Act or any order of any court in a proceeding otherwise than by way of an appeal or reference under this Act and such assessment or reassessment may, subject to the provisions of sub-section (3), be completed at any time. _Explanation.—In computing the period of limitation for the purposes of this section, the period_ during which the assessment proceeding is stayed by an order or injunction of any court shall be excluded. **14. Interest on delayed payment of expenditure-tax.—Every person responsible for collecting** expenditure-tax and paying it to the credit of the Central Government in accordance with the provisions of section 7, who fails to credit the tax to the account of the Central Government within the period specified in that section, shall pay simple interest at the rate of [4][one per cent.] for every month or part of a month by which such crediting of tax is delayed. 5[15. Penalty for failure to collect or pay expenditure-tax.—Any person responsible for collecting expenditure-tax in accordance with the provisions of sub-section (1) or sub-section (2) of section 7, who— (a) fails to collect such tax; or (b) having collected the tax, fails to pay such tax to the credit of the Central Government in accordance with the provisions of sub-section (3) of that section, 1. Subs. by Act 26 of 1988, s. 72, for “Income-tax Officer” (w.e.f. 1-4-1988). 2. Subs. by s. 74, ibid.,for “the Commissioner, or, as the case may be, the order under section 22 or section 23 is received by the Commissioner” (w.e.f. 1-4-1998). 3. Subs. by Act 49 of 2005, s. 30 and the Schedule, for “or any order of a High Court” (w.e.f. 28-12-2005). 4. Subs. by Act 54 of 2003, s. 22, for “one and one-fourth per cent.” (w.e.f. 8-9-2003). 5. Subs. by Act 49 of 1991, s. 117, for section 15 (w.e.f. 1-10-1991). 7 ----- shall pay,— (i) in the case referred to in clause (a), in addition to paying tax in accordance with the provisions of sub-section (4) of that section, by way of penalty, a sum equal to the amount of tax that he failed to collect; and (ii) in the case referred to in clause (b), in addition to paying interest in accordance with the provisions of section 14, by way of penalty, a sum which shall not be less than one hundred rupees but which may extend to two hundred rupees for every day during which the failure continues, so, however, that the penalty under this clause shall not exceed the amount of tax that he failed to pay.] **16. Penalty for failure to furnish prescribed return.—If a person fails to furnish in due time the** return which he is required to furnish under sub-section (1) of section 8 or by notice given under subsection (2) of that section, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees, but which may extend to two hundred rupees for every day during which the failure continues. **17. Penalty for concealment of chargeable expenditure.—If the [1][Assesing Officer] or the [2][Chief** Commissioner or Commissioner] (Appeals) in the course of any proceedings under this Act is satisfied that any person has concealed particulars of chargeable expenditure or has furnished inaccurate particulars of such chargeable expenditure, he may direct that such person shall pay by way of penalty, in addition to any expenditure-tax payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of tax sought to be evaded by reason of concealment of particulars of chargeable expenditure or the furnishing of inaccurate particulars of such chargeable expenditure: Provided that if the amount of chargeable expenditure (as determined by the [1][Assessing Officer] on assessment) in respect of which particulars have been concealed or inaccurate particulars have been furnished exceeds a sum of twenty-five thousand rupees, the [1][Assessing Officer] shall not issue any direction for payment by way of penalty without the previous approval of the [3][Additional Commissioneror, as the case may be, of the Deputy Commissioner]. **18. Penalty for failure to comply with notice.—If the** [1][Assessing Officer] in the course of any proceedings under this Act is satisfied that any person has failed to comply with a notice under subsection (1) of section 9, he may direct that such person shall pay, by way of penalty, in addition to any tax payable by him, a sum which shall not be less than ten per cent. but which shall not exceed fifty per cent. of the amount of the tax, if any, which would have been avoided if the chargeable expenditure returned by such person had been accepted as the correct chargeable expenditure. **19. Penalty not to be imposed in certain cases.—Notwithstanding anything contained in the** provisions of section 15, section 16, section 17 or section 18, no penalty shall be imposable on the assessee for any failure referred to in the said provisions if he proves that there was reasonable cause for the said failure. **20. Notice of demand.—When any tax, interest, penalty or any other sum is payable under this Act,** the [1][Assessing Officer] shall serve upon the assessee a notice of demand in the prescribed form, specifying the sum so payable and the amount of chargeable expenditure in relation to which such sum is payable. **21. Revision of orders by the Commissioner.—(1) The Commissioner may, either of his own** motion or on application by the assessee for revision, call for the record of a proceeding under this Act which has been taken by the [1][Assessing Officer] 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 as he thinks fit. (2) No order which is prejudicial to the assessee shall be passed under this section unless the assessee has been given an opportunity of being heard. 1. Subs. by Act 26 of 1988, s. 72, for “Income-tax Officer” (w.e.f. 1-4-1988). 2. Subs. by s. 72, ibid., for “Commissioner” (w.e.f. 1-4-1988). 3. Subs. by Act 32 of 1994, s. 59, for “Deputy Commissioner” (w.e.f. 1-6-1994). 8 ----- (3) No order under this section shall be passed by the Commissioner, if an appeal against the notice of demand issued by the [1][Assessing Officer] under section 20 is pending before the Commissioner (Appeals). (4) No order under this section shall be passed after the expiry of two years from the end of the financial year in which the order sought to be reviewed has been passed. 2[(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 assessee 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 24 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 that sub-section may be passed at any time 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.] **22. Appeals to the Commissioner (Appeals).—(1) Any person objecting to the amount of** expenditure-tax for which he is assessed by the [1][Assessing Officer], or denying his liability to be assessed under this Act, or objecting to an order levying penalty under this Act, may appeal to the Commissioner (Appeals). 4[(2) Every appeal shall be in the prescribed form and shall be verified in the prescribed mannerand in respect of appeals filed on or after the 1st day of October, 1998, shall be accompanied by a fee of two hundred and fifty rupees.] (3) An appeal shall be presented within thirty days of the receipt of the notice of demand relating to tax, interest or penalty under this Act: Provided that the 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 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. 5[(4A) In every appeal, the Commissioner (Appeals), where it is possible, may hear and determine such appeal within a period of one year from the end of the financial year in which such appeal is filed under sub-section (1)]. 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. **23. Appeals to Appellate Tribunal.—(1) Any assessee aggrieved by an order passed by a** Commissioner under section 21, or an order passed by a Commissioner (Appeals) under any provision of this Act, may appeal to the Appellate Tribunal against such order. 1. Subs. by Act 26 of 1988, s. 72, for “Income-tax Officer” (w.e.f. 1-4-1988). 2. Ins. by Act 21 of 1998, s. 83 (w.e.f. 1-10-1998). 3. Ins. by Act 49 of 2005, s. 30 and the Schedule (w.e.f. 20-12-2005). 4. Subs. by Act 21 of 1998, s. 84, for sub-section (2) (w.e..f. 1-10-1998). 5. Subs. by Act 27 of 1999, s. 99, for sub-section (4) (w.e.f. 1-6-1999). 9 ----- (2) The Commissioner may, if he objects to any order passed by the Commissioner (Appeals) under any provision of this Act, direct the [1][Assessing Officer] to appeal to the Appellate Tribunal against the order. (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 a notice that an appeal against the order of the Commissioner (Appeals) has been preferred under sub-section (1) orsub-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 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 crossobjections 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 [2][a fee of one thousand rupees in the case of appeals 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. **24. Application of provisions of Income-tax Act.—The provisions of the following sections and** Schedules of the Income-tax Act and theIncome-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 expenditure-tax instead of to income-tax:— 3[2(44), 118, 120, 129, 131 to 136 (both inclusive)] 138, 4[139A, 140, 144A, 145], 159 to 163 (both inclusive), 166, 167, 170, 171, 173 to 179 (both inclusive), 187, 188, [5][188A] 189, 220 to 227 (both inclusive), 229, [6]*** 232, 237 to 245 (both inclusive), 254 to 262 (both inclusive), 265, 266, 268, 269, 278B, 278C, 278D, 278E, [5][279B], 281, 281B, 282, 283, 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 rules to the “assessee” shall be construed as references to an assessee as defined in this Act. **25. Wilful attempt to evade tax, etc.—If a person wilfuly attempts in any manner whatsoever to** evade collection or payment of any tax, penalty or interest chargeable or impossible under this Act, or to understate the aggregate of the chargeable expenditure, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, 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. 1. Subs. by Act 26 of 1988, s. 72, for “Income-tax Officer” (w.e.f. 1-4-1988). 2. Subs. by Act 21 of 1998, s. 85, for “a fee of two hundred rupees” (w.e.f. 1-10-1998). 3 Subs. by Act 26 of 1988, s. 75, for “2(43B) and (44), 118,125,125A, 128 to 136 (both inclusive )” (w.e.f. 1-4-1988). 4. Subs. by Act 49 of 1991, s. 118, for “140, 144A” (w.e.f. 1-10-1991). 5. Ins. by s. 118, ibid. (w.e.f. 1-10-1991). 6. The figures “231,” omitted by Act 26 of 1988, s. 75 (w.e.f 1-4-1988). 10 ----- _Explanation.—For the purposes of this section, a wilful attempt to evade collection or payment of any_ tax, penalty or interest chargeable or imposable under this Act 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 collection or payment of any tax, penalty or interest chargeable or imposable under this Act. **26. Failure to furnish prescribed returns.—If a person fails to furnish in due time the return which** he is required to furnish under sub-section (1) of section 8 or by a notice given under sub-section (2) of that section, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, 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. **27. False statement in verification, etc.—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. **28. Abetment of false return, etc.—If a person abets or induces in any manner another person to** make and deliver an account or a statement or declaration relating to any chargeable expenditure which is false and which he either knows 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. **29. Certain offences to be non-cognizable.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974), an offence punishable under section 25 or section 26 or section 27 or section 28 shall be deemed to be non-cognizable within the meaning of that Code. **30. Institution of proceedings and composition of offences.—(1) A person shall not be proceeded** against for any offence under section 25 or section 26 or section 27 or section 28, except with the previous sanction of the [1][Chief Commissioner or Commissioner:] Provided that no such sanction shall be required where the complainant before the court is a Commissioner (Appeals). (2) The [1][Chief Commissioner or Commissioner] may, either before or after the institution of proceedings, compound any offence punishable under section 25 or section 26 or section 27 or section 28. **31. 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 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 room charges may be determined under [2][sub-clause (a) of clause (1) of section 3] in cases where composite charges are payable in respect of residential accommodation and food; 1. Subs. by Act 26 of 1988, s. 72, for “Commissioner” (w.e.f. 1-4-1988). 2. Subs. by Act 49 of 1991, s. 119, for “sub-section (2) of section 3” (w.e.f. 1-10-1991). 11 ----- (b) the cases and the circumstances in which payments made in Indian, currency by conversion of foreign exchange into Indian currency shall be deemed to have been made in foreign exchange for the purposes of clause (a) of the Explanation to [1][clause (1) of section 5.] (c) the form in which returns under section 8 may be furnished, the manner in which they may be verified and the other particulars which a form may contain; (d) the form in which a notice of demand may be served on the assessee under sub-section (7) of section 12; (e) the form in which appeals under section 22 or under sub-section (6) of section 23 may be filed and the manner in which they may be verified; (f) the manner in which a memorandum of cross-objections under sub-section (4) of section 23 may be verified; (g) 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. **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 commencement of this Act. **33.[Consequential amendments.]—Rep. by Repealing and Amending Act, 2001 (30** _of 2001),_ _s. 2_ _andthe First Schedule (w.e.f. 3-9-2001)._ 1. Subs. by Act 49 of 1991. s. 119, for “section 5” (w.e.f. 1-10-1991). 12 -----

15-Sep-1987

37

The National Dairy Development Board Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1913/1/198737.pdf

central

# THE NATIONAL DAIRY DEVELOPMENT BOARD ACT, 1987 # _________ ARRANGEMENT OF SECTIONS _________ CHAPTER I PRELIMINARY # SECTIONS 1. Short title and commencement. 2. Declaration of National Dairy Development Board as an institution of national importance. 3. Definitions. CHAPTER II THE NATIONAL DAIRY DEVELOPMENT BOARD 4. Incorporation of National Dairy Development Board. 5. Vesting of undertakings of Indian Dairy Corporation in National Dairy Development Board and dissolution of Indian Dairy Corporation. 6. Effect of incorporation of National Dairy Development Board. 7. Saving of legal proceedings. CHAPTER III MANAGEMENT OF THE NATIONAL DAIRY DEVELOPMENT BOARD 8. Management of National Dairy Development Board and composition of its Board of Directors. 9. Terms of office and conditions of service, etc., of Chairman and directors. 10. Meetings of Board. 11. Manner of transacting business of Board. 12. Management committees. 13. Allowances, etc., of members of management committees. 14. Delegation of powers to management committees, etc. 15. Delegation of powers to whole-time directors, etc. CHAPTER IV POWERS AND FUNCTIONS OF THE NATIONAL DAIRY DEVELOPMENT BOARD 16. Powers and functions of National Dairy Development Board. CHAPTER V PROVISIONS RELATING TO DIRECTORS AND EMPLOYEES OF THE NATIONAL DAIRY DEVELOPMENT BOARD 17. Provisions regarding members of board of society and directors of dissolved company. 18. Provisions relating to officers and other employees of society and of dissolved company. 19. Power of Board to restructure and streamline organisational and functional set-up of National Dairy Development Board to secure utmost efficiency in functioning. 20. Schemes regarding compensation to redundant employees, etc. 21. Compensation for transfer of employees not payable. 22. Provident fund, gratuity, welfare and other funds. 1 ----- CHAPTER VI FINANCE, ACCOUNTS AND AUDIT # SECTIONS 23. Borrowing powers of Board. 24. Grants and loans by Central Government. 25. Grants, donations, etc. 26. National Dairy Development Board Fund. 27. Preparation of accounts and balance-sheet. 28. Audit. 29. Reports to be laid before Parliament. 30. Power to call for repayment before agreed period. 31. Special provisions for enforcement of claims by National Dairy Development Board. CHAPTER VII MISCELLANEOUS 32. Defects in appointments not to invalidate acts, etc., of Board. 33. Protection of acts done in good faith. 34. Indemnity of directors. 35. Obligation as to fidelity and secrecy. 36. Recruitment of additional officers and other employees. 37. Liquidation only under orders of Central Government. 38. Delegation of certain powers by Central Government. 39. Transitional provisions for auditors. 40. Transitional provisions with regard to Chairman and Board. 41. Management or assistance to others to continue. 42. Mother Dairy to be a subsidiary unit of National Dairy Development Board. 43. Formation of companies with previous approval of Central Government. 44. [Omitted] 45. Returns. 46. Power to make schemes and regulations regarding service matters retrospectively. 47. Act to have overriding effect. 48. Power to make regulations. 49. Power to remove difficulties. 50. Schemes and regulations to be laid before Parliament. THE SCHEDULE 2 ----- # THE NATIONAL DAIRY DEVELOPMENT BOARD ACT, 1987 # ACT NO. 37 OF 1987 [15th _September, 1987.]_ # An Act to declare the institution known as the National Dairy Development Board in the State of Gujarat to be an institution of national importance and to provide for its incorporation and for the vesting in that body corporate of the undertakings of the Indian Dairy Corporation with a view to provide for the administration and the carrying on of the functions to be performed by the body corporate more effectively throughout the country and for matters connected therewith and incidental thereto. WHEREAS the National Dairy Development Board, a society formed and registered under the Societies Registration Act, 1860 (21 of 1860) has been serving the country by the adoption of a co-operative strategy, being a strategy evolved at Anand (Gujarat), for the economic development of the rural masses and has been playing a vital role in improving the quality of life of the people through co-operative effort; AND WHEREAS the objects of the National Dairy Development Board are such as to make it an institution of national importance and to constitute it as a body corporate; AND WHEREAS the functions of the Indian Dairy Corporation, a company formed and registered under the Companies Act, 1956 (1 of 1956), and the functions of the National Dairy Development Board are complementary to each other and aimed at achieving common objectives; AND WHEREAS it is necessary that the freedom and flexibility of operation hitherto available to the National Dairy Development Board should continue to be available to it so as to enable it to perform its functions more effectively and to play a wider and increasingly important role in serving the nation; AND WHEREAS it is considered necessary to vest the undertakings of the Indian Dairy Corporation in the National Dairy Development Board and to dissolve the said Corporation with a view to provide for the administration and the carrying on of the functions to be performed by the body corporate more effectively. BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the National Dairy Development** Board Act, 1987. (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 National Dairy Development Board as an institution of national** **importance.—Whereas the objects of the National Dairy Development Board at Anand in the State of** Gujarat are such as to make the institution one of national importance, it is hereby declared that the National Dairy Development Board is an institution of national importance. 1. 12th October, 1987, vide notification No. S.O. 898(E), dated 12th October, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(i). 3 ----- **3. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the date of commencement of this Act; (b) “Board” means the Board of Directors of the National Dairy Development Board; (c) “Chairman” means the Chairman of the National Dairy Development Board; (d) “Companies Act” means the Companies Act, 1956 (1 of 1956); (e) “director” means a director of the National Dairy Development Board, and includes the Chairman; (f) “foodstuffs” means such of the foodstuffs as are included in the definition of essential commodities as contained in clause (a) of section 2 of the Essential Commodities Act, 1955 (10 of 1955); (g) “Indian Dairy Corporation” means the Indian Dairy Corporation, a company formed and registered under the Companies Act, and having its registered office at Baroda in the State of Gujarat. (h) “milk product” means— (i) sterilised, standardised, recombined, toned, double-toned, skimmed, flavoured or acidified milk; (ii) ice-cream; (iii) cream; (iv) cheese; (v) butter; (vi) milk powders; (vii) weaning foods with milk and infant milk foods; (viii) malted milk foods with or without cocoa powder; (ix) ghee; (x) anhydrous milk fat and butter oil; (xi) casein; (xii) any other product containing milk or all or any of the milk products specified above which the Central Government may, by notification in the Official Gazette, specify in this behalf; (i) “National Dairy Development Board” means the National Dairy Development Board incorporated under section 4; (j) “prescribed” means prescribed by regulations made under this Act; (k) “restructuring and streamlining”, in relation to the organisational and functional set-up of the National Dairy Development Board, includes— (i) opening or closing of units or offices; (ii) revision of the organisational and functional set-up; (iii) declaration of staff required; (iv) integration of posts, fixation of seniority and pay scales; (v) integration of required personnel in the revised set-up and issuance of appointment orders in that behalf; (vi) declaration or demarcation of duties and responsibilities attendant to posts; (vii) declaration of posts equivalent to one another; and 4 ----- (viii) any other matter that may be necessary of incidental to meet the organisational or functional needs of the National Dairy Development Board; (l) “society” means the National Dairy Development Board, a society formed and registered under the Societies Registration Act, 1860 (21 of 1860) and functioning as such immediately before the appointed day; (m) words and expressions used herein and not defined, but defined in the Companies Act, have the meanings respectively assigned to them in that Act. CHAPTER II THE NATIONAL DAIRY DEVELOPMENT BOARD **4. Incorporation of National Dairy Development Board.—(1) The National Dairy Development** Board is hereby constituted a body corporate by the same name, and as such body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued. (2) The head office of the National Dairy Development Board shall be at Anand in the State of Gujarat. (3) The National Dairy Development Board may establish units, offices, branches or agencies at any such place in or outside India as it may consider necessary. **5. Vesting of undertakings of Indian Dairy Corporation in National Dairy Development Board** **and dissolution of Indian Dairy Corporation.—(1) On and from the appointed day, subject to the other** provisions of this Act, all the undertakings of the Indian Dairy Corporation shall stand transferred to and vest in the National Dairy Development Board. (2) Notwithstanding anything contained in the Companies Act, the Indian Dairy Corporation shall, on and from the appointed day, stand dissolved by virtue of the provisions of this Act. **6. Effect of incorporation of National Dairy Development Board.—On and from the appointed** day,— (a) all properties and assets, movable and immovable, of, or belonging to, the society and the Indian Dairy Corporation (hereinafter referred to as the dissolved company) shall vest in the National Dairy Development Board; (b) all the rights, debts, liabilities, interests, privileges and obligations of the society and the Indian Dairy Corporation shall stand transferred to, and be the rights, liabilities, interests, privileges and obligations of, the National Dairy Development Board; (c) without prejudice to the provisions of clause (b), all debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the society or the dissolved company, immediately before the appointed day for or in connection with their purposes, shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the National Dairy Development Board; (d) all sums of money due to the society and the dissolved company, immediately before the appointed day, shall be deemed to be due to the Board; (e) every subsidiary or the society and the dissolved company shall become the subsidiary of the National Dairy Development Board; (f) every organisation, which was being managed immediately before the appointed day by the society or, as the case may be, by the dissolved company, shall be managed by the National Dairy Development Board for such period to such extent and in such manner as the circumstances may require; 5 ----- (g) every organisation which was getting financial, managerial or technical assistance from the society or the dissolved company, immediately before the appointed day, may continue to be given financial, managerial or technical assistance, as the case may be, by the National Dairy Development Board, for such period, to such extent and in such manner as the National Dairy Development Board may deem fit; (h) the amount representing the capital of the dissolved company shall form part of the funds of the National Dairy Development Board; (i) any reference to the society or, as the case may be, to the dissolved company, in any law other than this Act or in any contract or other instrument, shall be deemed to be reference to the National Dairy Development Board. **7. Saving of legal proceedings.—If, on the appointed day, there is pending any suit, arbitration,** appeal or other legal proceedings of whatever nature by or against the society or the dissolved company, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the incorporation of the National Dairy Development Board under section 4 or dissolution of the Indian Dairy Corporation under section 5, as the case may be, but the suit, arbitration, appeal or other proceedings may be continued, prosecuted and enforced by or against the National Dairy Development Board in the same manner and to the same extent as it would or may have been continued, prosecuted and enforced by or against the society or the dissolved company, as the case may be, if this Act had not been passed. CHAPTER III MANAGEMENT OF THE NATIONAL DAIRY DEVELOPMENT BOARD **8. Management of National Dairy Development Board and composition of its Board of** **Directors.—(1) The general superintendence, direction, control and management of the affairs and** business of the National Dairy Development Board shall vest in a Board of Directors, which shall exercise all powers and do all acts and things which may be exercised or done by the National Dairy Development Board. (2) The Board of Directors of the National Dairy Development Board shall consist of the following, namely:— (a) a Chairman; (b) one director from amongst the officials of the Central Government; (c) two directors from amongst the Chairmen of the State Co-operative Dairy Federations; (d) whole-time directors, not more than three in number, from amongst the executives of the highest grade of the National Dairy Development Board; (e) one director, being an expert, from outside the National Dairy Development Board. (3) The Chairman and the director referred to in clause (b) of sub-section (2) shall be nominated by the Central Government and the directors referred to in clauses (c), (d) and (e) of sub-section (2) shall be nominated by the Central Government after consultation with the Chairman: Provided that the Chairman and the director referred to in clause (e) of sub-section (2) shall be persons professionally qualified in one or more specialities, namely, dairying, animal husbandry, rural economics, rural development, business administration or banking. (4) The Board may associate with itself, in such manner, on such terms and for such purposes as it may deem fit, 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. **9. Terms of office and conditions of service, etc., of Chairman and directors.—(1) The Chairman** shall be the Chief Executive of the National Dairy Development Board and shall hold office for such period as the Central Government may determine and any person so nominated shall be eligible for renomination. 6 ----- (2) Notwithstanding anything contained in sub-section (1), the Central Government shall have the right to terminate the services of the Chairman, at any time before the expiry of the period determined under that sub-section, by giving him notice of not less than three months in writing or three months’ salary and allowances in lieu thereof, and the Chairman shall also have the right to relinquish his office, at any time before the expiry of the period specified under that sub-section, by giving to the Central Government notice of not less than three months in writing. (3) The Chairman shall receive such salary and allowances as may be determined by the Central Government. (4) Where an executive of the National Dairy Development Board has been nominated under section 8 as a whole-time director thereof, such nomination shall be without prejudice to his continuance as an executive of the National Dairy Development Board and he may be continued as such executive on his ceasing to be a director. (5) The directors nominated under clause (c) of sub-section (2) of section 8 shall hold office for such period not exceeding one year at a time as the Central Government may determine, and the directors nominated under clauses (d) and (e) of sub-section (2) of section 8 shall hold office for such period as the Central Government may determine. (6) Every director, other than the Chairman, shall hold office during the pleasure of the Central Government. (7) The directors referred to in clauses (b), (c) and (e) of sub-section (2) of section 8 shall be paid such allowances as the Central Government may determine. **10. Meetings of Board.—(1) The Board shall meet at the head office of the National Dairy** Development Board or any of its offices at such times as the Chairman may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be prescribed. (2) The Chairman or, if he is unable to attend a meeting of the Board, any other director nominated by the Chairman in this behalf and, in the absence of such nomination or where there is no Chairman, any director chosen by the directors present from among themselves, shall preside at the meeting. (3) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the Chairman or the person presiding shall have the right to exercise a second or casting vote. (4) Save as otherwise provided in sub-section (3), every director of the Board shall have one vote. **11. Manner of transacting business of Board.—(1) Subject to the provisions of this Act, the Board** shall, in the discharge of its functions, act on sound business principles with due regard to public interest. (2) Save as otherwise prescribed, the Chairman shall have the powers of general superintendence, direction, control and management of the affairs and business of the National Dairy Development Board, and he may exercise all other powers and do all acts and things which may be exercised or done by the Board. (3) The Chairman may, when he is unable to discharge his functions by reason of his being away or otherwise, authorise any whole-time director to discharge all or any of his functions for a temporary period. (4) In the absence of the Chairman and of an authorised whole-time director as referred to in sub-section (3), for whatsoever reason, the powers of the Chairman may be exercised by the senior-most of the whole-time directors referred to in clause (d) of sub-section (2) of section 8. **12. Management committees.—(1) The Board may from time to time constitute such number of** management committees as it may deem fit for the purpose of assisting the Board in the efficient discharge of its functions. 7 ----- (2) A management committee shall consist of such number of persons (whether directors or otherwise) as its members as the Board may determine, subject to the condition that in every such committee either the Chairman or a whole-time director shall be a member thereof. (3) Every management committee shall function under the general control, direction and superintendence of the Board, and for such duration and in such manner as the Board may direct. (4) The minutes of every meeting of the management committees shall, as soon as may be, be laid before the Board. **13. Allowances, etc., of members of management committees.—(1) The members of any** management committee, other than the Chairman and whole-time directors, may be paid such allowances, if any, as may be prescribed, for attending the meetings of the management committee or for attending to any other work of the National Dairy Development Board. (2) All other matters pertaining to the conduct of proceedings of the management committees shall be such as may be prescribed. **14. Delegation of powers to management committees, etc.—(1) The Board may delegate to any** management committee or to any member thereof or to any officer of the National Dairy Development Board, subject to such conditions and limitations, if any, as may be specified by the Board, such of its powers and functions under this Act as it may deem necessary for the efficient discharge of its functions. (2) The Board may, if it considers it necessary so to do in the public interest, delegate any of its powers and functions, subject to such conditions and limitations, if any, as may be specified by it, to a co-operative federation at the National or State level, or to any organisation owned, managed, controlled or assisted by the National Dairy Development Board. **15. Delegation of powers to whole-time directors, etc.—The Board may, from time to time, by** order, delegate, subject to such general and special conditions as it may deem fit to impose, the powers of appointment, termination, suspension and dismissal from service of any employee of the National Dairy Development Board,— (a) who is drawing a salary in such higher grade as may be prescribed, to a whole-time director, and (b) who is drawing a salary in any grade, other than a higher grade prescribed under clause (a), to such officer of the National Dairy Development Board as it may deem fit: Provided that in relation to employees falling under clause (b), the Chairman may, if he considers it necessary or expedient so to do, perform the functions of the Board under this section. CHAPTER IV POWERS AND FUNCTIONS OF THE NATIONAL DAIRY DEVELOPMENT BOARD **16. Powers and functions of National Dairy Development Board.—(1) Subject to the provisions of** this Act,— (a) it shall be the duty and function of the National Dairy Development Board to promote plan and organise programmes for the purposes of development of dairy and other agriculture based and allied industries and biologicals on an intensive and nation-wide basis and to render assistance in the implementation of such programmes; (b) it shall be the responsibility of the National Dairy Development Board to adopt the co-operative strategy in a more effective manner on an intensive and nation-wide basis and to take such steps as may be necessary for the purposes aforesaid; and (c) the National Dairy Development Board may take such measures for carrying out the said purposes, and for the exercise of its powers and the performance of its functions and responsibilities under this Act, as it may consider necessary. 8 ----- (2) In particular, and without prejudice to the generality of the foregoing provisions, the measures referred to therein may provide for— (a) facilitating research and promotional activities in the fields of dairying, immunology, animal husbandry, agriculture and horticulture; (b) imparting technological know-how to such organisations in the co-operative or public sector as are engaged in the production, procurement, preservation or marketing of milk and milk products; (c) facilitating the training of personnel for absorbing and utilising the technical know-how that may be imparted; (d) designing, planning, promoting developing, constructing, sponsoring and setting up of dairy industries and undertaking any other related promotional activity including the financing of the same; (e) providing consultancy and managerial services and the execution of any project on a turn-key basis or otherwise, furnishing integral services such as storage, transportation, processing, distribution of milk and milk products and to serve as a lead institution with reference to milk and milk products; (f) adopting such measures as may be practicable— (i) for the conservation of milk and milk products by avoidance of waste at all stages or otherwise; (ii) to assist primary producers of milk and milk products and persons in the co-operative and public sector to get incentive prices; and (iii) to build up a national milk grid; (g) recommending to Government, as and when necessary, the maximum and minimum prices to be fixed for the purchase or sale of milk and, if so required, assist in the enforcement of it; (h) functioning as a channelising agency in respect of import and export of milk and milk products and of milch animals or bulls; (i) providing financial, technical, administrative, managerial or other assistance or taking such measures as may be necessary— (A) for the development (if required by the import of quality semen) and preservation of high yielding cattle; (B) for adopting improved methods of cattle breeding; (C) for increasing production and supply of better and improved animal feed including fodder; and (D) generally for the enhancement of the cattle wealth of the country; (j) processing, promoting or financing technological, industrial or economic research in milk and milk products in such manner as the Board may deem fit by the utilisation of available institutions or otherwise; (k) financing, in such manner as the Board may deem appropriate (including contribution to capital), of co-operative federations, co-operative unions or co-operative enterprises or of any scheme in the co-operative or public sector intended to stimulate the production, preservation, distribution and consumption of milk and milk products nation-wide; (l) regulating the dairy and allied industries and functioning as regulatory authority therefor, as may be required by the Central Government; (m) adopting measures for the development and co-ordination of organisations in the production of milk and milk products so as to enable the primary producers thereof to become participants in, and beneficiaries of, the development and growth of dairy and allied industries; 9 ----- (n) collecting and compiling relevant data and statistics necessary for the efficient management of the national milk grid and national milch herd and on any other matter relating to dairying and allied industries; (o) promoting publicity on the research and development of dairy and allied industries; (p) promoting and developing production, grading and marketing of milk and milk products in various parts of the country; (q) co-operating with international organisations and foreign experts and for functioning as the agent of the Central Government for the reception, utilisation and disbursement of any gift of milk and milk products and any other foodstuffs; (r) building up of a reserve of buffer stock of basic commodities; (s) promoting the export of milk and milk products where, in the opinion of the Board, it is so required to avoid waste or to otherwise serve the public interest and generally for exporting any article produced, processed or promoted by it; (t) acquiring, holding and disposing of any property for the purposes of its business; (u) transferring the whole or any part of its managerial, technical or other functions in relation to any organisations receiving assistance from the National Dairy Development Board to the recipient organisation; (v) advancing or lending money upon security of movable or immovable property or otherwise; (w) borrowing money in such manner and upon such security as the Board may deem fit; (x) carrying on, either by itself or through any other organisations, any other business or class of business, in a case where such business or class of business was being carried on by the society or the dissolved company immediately before the appointed day; (y) promoting and encouraging co-operative effort among those engaged in the production of milk and milk products and other foodstuffs; (z) levying fees or other charges for any assistance given or services rendered by the National Dairy Development Board; (za) carrying on any other business or doing any other act or thing as may be necessary, incidental or conducive to further the objectives of the National Dairy Development Board under this Act. (3) If, immediately before the appointed day, either the society or the dissolved company was engaged in the production, research and development, processing, marketing, import, export or other activities, or had been rendering any service or assistance, in relation to any article or product, other than milk and milk products or the dairy industry, then, notwithstanding anything contained in this Act or in any other law, the National Dairy Development Board may engage in the production, research and development, processing, marketing, import, export or other activities, or render such other services or assistance in relation to the said article or product as may be required, and the provisions of sub-sections (1) and (2) shall, so far as may be, apply in relation to that article or product, as if any reference therein to milk and milk products or to dairy and allied industries had been a reference to that article or product or service or activity. (4) Where the Central Government or the Government of any State considers that, having regard to the special expertise of the National Dairy Development Board and the needs of the public, it is necessary or advisable to entrust the National Dairy Development Board with any activity, other than that to which the foregoing sub-sections apply, it may, entrust such activity to the National Dairy Development Board, whereupon it shall be competent for the National Dairy Development Board to carry on such activity. (5) Without prejudice to the generality of the foregoing powers, it shall be competent for the National Dairy Development Board to participate, with the prior approval of the Central Government, in any other organisation, financially, managerially or in any other manner. 10 ----- CHAPTER V PROVISIONS RELATING TO DIRECTORS AND EMPLOYEES OF THE NATIONAL DAIRY DEVELOPMENT BOARD **17. Provisions regarding members of board of society and directors of dissolved** **company.—Every person holding office as a member of the board of the society, or as a director of the** dissolved company, immediately before the appointed day, shall, on and from that day, cease to hold office as such member or director. **18. Provisions relating to officers and other employees of society and of dissolved** **company.—Subject to the provisions of section 19, every full-time officer or other employee, holding** office immediately before the appointed day, in the society or the dissolved company, shall, on and from the appointed day, become an officer or other employee, as the case may be, of the National Dairy Development Board and shall hold office or service in the National Dairy Development Board on the same terms and conditions of service as he would have had under the society or the dissolved company, as the case may be, and shall continue to do so unless and until his terms and conditions of service are duly altered by the Board. **19. Power of Board to restructure and streamline organisational and functional set-up of** **National Dairy Development Board to secure utmost efficiency in functioning.—(1) Notwithstanding** anything contained in this Chapter, the National Dairy Development Board may make such orders or take such action as may be necessary for restructuring and streamlining the organisational and functional set-up of the National Dairy Development Board to secure utmost efficiency in its functioning, and the Board shall, for achieving this object, be competent to declare any officer or other employee or any class of officers or other employees to be redundant if it finds them redundant by way of being surplus or otherwise due to duplication of posts of the same nature, or absence of the special expertise required for the post in the revised set-up, or the non-availability of posts in a particular office or unit of the National Dairy Development Board and it is not practicable to accommodate him in the type of post in the particular grade. (2) Nothing in this Chapter shall preclude the Board, if it is considered necessary for the purpose of rationalising the conditions of service of the officers and other employees so transferred to it, to change their designation, conditions of service or the scales of pay applicable to them or to reallocate their duties and functions. **20. Schemes regarding compensation to redundant employees, etc.—(1) The officers or other** employees declared as redundant in pursuance of section 19, shall be dealt with in accordance with such scheme or schemes as the Board may, with the previous approval of the Central Government, make in this behalf and different schemes may be made in relation to different classes or categories of officers and other employees. (2) The scheme or schemes referred to in sub-section (1) may provide for— (a) the quantum of compensation payable to any officer or other employee referred to in sub-section (1) and the mode of payment thereof: Provided that the compensation so payable shall in no case be less than that payable to him under the service conditions applicable to him if his services were dispensed with; (b) the quantum of arrears of salary or other emoluments, provident fund, gratuity or any other amount that may be payable in accordance with the service conditions applicable to them; (c) the provision for appeal for the aggrieved redundant officers and other employees and for the appellate authority, being an officer not below the rank of a Joint Secretary to the Government of India in the Ministry dealing with Agriculture; (d) any other matter pertaining to the termination of service consequent on their being declared redundant. 11 ----- **21. Compensation for transfer of employees not payable.—The transfer of the services of any** officer or other employee of the society or of the dissolved company to the National Dairy Development Board shall not entitle any such officer or other employee to any compensation under the Industrial Disputes Act, 1947 (14 of 1947) or any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority. **22. Provident fund, gratuity, welfare and other funds.—(1) Where a provident fund has been** established by the society or the dissolved company in respect of either of them for the benefit of the officers or other 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 the respective trusts, continue to function as trustees in respect of the respective provident fund until and unless otherwise directed by the National Dairy Development Board, and the rights relating to the said trusts shall, as from the appointed day, vest in the National Dairy Development Board. (2) Where any gratuity, welfare or other fund had been established by the society or the dissolved company for the benefit of its officers or other 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 National Dairy Development Board. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Board may give such directions relating to the trusts or funds or take such other action as it may deem fit so as to bring about uniformity or to effect integration in part or in whole in such trusts or funds. (4) The Board may, having regard to the welfare of the officers and other employees or their families, take such steps for the advancement of their health, education or other interests as may be prescribed and create such institutions as may be required for the purpose. (5) Nothing in the foregoing provisions of this section shall derogate the power of the Board to make regulations for establishing or maintaining any provident fund, welfare fund, gratuity fund or other fund for any of its officers or other employees. CHAPTER VI FINANCE, ACCOUNTS AND AUDIT **23. Borrowing powers of Board.—The Board may, with the previous approval of the Central** Government or in accordance with the terms of any general or special authority given to it by the Central Government, borrow money from any source as it may deem fit for discharging all or any of its functions under this Act. **24. Grants and loans by Central Government.—The Central Government may, after due** appropriation made by Parliament by law in this behalf, pay to the National Dairy Development 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. **25. Grants, donations, etc.—The National Dairy Development Board may receive gifts, grants,** donations or benefactions from Government or any other source in or outside India and the same shall be used by the Board for exercising its functions and discharging its responsibilities under this Act. (2) The National Dairy Development Board shall not receive any gifts, grants, donations or benefactions from a foreign government or any other source outside India except with the previous approval of the Central Government. **26. National Dairy Development Board Fund.—(1) The National Dairy Development Board shall** maintain a Fund to be called the National Dairy Development Board Fund to which shall be credited— (a) all sums of money vested in the National Dairy Development Board under Chapter II; (b) all sums of money that may be provided by Government; 12 ----- (c) all fees and other charges received by the National Dairy Development Board; (d) all sums of money generated from gift commodities by the National Dairy Development Board or received by it by way of grants, donations, benefactions, bequests or transfers; and (e) all sums of money received by the National Dairy Development Board in any other manner or from any other source. (2) All sums of money credited to the said Fund shall, subject to the regulations, if any, made in this behalf, be deposited with the State Bank of India or any other nationalised bank. _Explanation.—In sub-section “nationalised bank” means a corresponding new bank as defined in the_ Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (44 of 1980). (3) The said Fund shall be applied towards meeting the administrative and other expenses of the National Dairy Development Board, including expenses incurred in the exercise of the powers and the discharge of its functions and responsibilities under section 16 or in relation to any of the activities referred to therein or for anything relatable thereto. **27. Preparation of accounts and balance-sheet.—(1) The balance-sheet and accounts of the** National Dairy Development Board shall be prepared in such form and in such manner as may be prescribed. (2) The Board shall cause the books and accounts of the National Dairy Development Board to be closed and balanced as on the 31st day of March each year or such other date as the Board may, with the concurrence of the Central Government, decide. **28. Audit.—(1) The accounts of the National Dairy Development Board shall be audited by auditors** duly qualified to act as auditors of companies under the Companies Act, and the appointment of auditors and remuneration payable to them shall be subject to the approval of the Central Government. (2) Every auditor in the performance of his duties shall have at all reasonable times access to books, accounts and other documents of the National Dairy Development Board. (3) The auditors shall submit their report to the Board which shall forward a copy of their report to the Central Government. **29. Reports to be laid before Parliament.—The Central Government shall cause the report of the** auditors under section 28 to be laid before both the Houses of Parliament as soon as may be after such report is received by the Central Government. **30. Power to call for repayment before agreed period.—Notwithstanding anything contained in** any agreement to the contrary, the Board may, by notice in writing, require any person to which the National Dairy Development Board or the society or the dissolved company has granted any loan or advance, to discharge forthwith in full, its liabilities to the Board,— (a) if it appears to the Board that any false or misleading information in any material particular was given in the application for the loan or advance; or (b) if the person has failed to comply with the terms of its contract in the matter of the loan or advance; or (c) if there is a reasonable apprehension that the person is unable to pay his debts or that proceedings for liquidation may be commenced in respect thereof; or (d) if the property pledged, mortgaged, hypothecated or assigned as security for the loan or advance is not insured and kept insured by the 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 after demand); or (e) if, without due permission, any machinery, plant or other equipment (whether forming part of security or not) is removed from the concerned premises without being replaced; or 13 ----- (f) if it appears to the Board that any condition in the loan agreement relating to the supply of goods or implementation of the project is being substantially violated; or (g) if, for any other reason, the Board considers it necessary so to do for protecting the interests of the National Dairy Development Board. **31. Special provisions for enforcement of claims by National Dairy Development** **Board.—(1) Where any person, in breach of any agreement, makes any default in the repayment of any** loan or advance or any instalment thereof (or in meeting its obligations in relation to the guarantee given by the National Dairy Development Board) or otherwise fails to comply with the terms of agreement with the Board or where the Board requires any person to make immediate repayment of any loan or advance under section 30 and the 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 National Dairy Development 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 National Dairy Development Board as security for the loan or advance; or (b) for transferring the management of any organisation to the National Dairy Development Board; or (c) for an _ad interim injunction where there is apprehension that the machinery or other_ equipment is being removed from the premises of the organisation without due permission. (2) The procedure for making an application under sub-section (1) and for the disposal thereof shall be such as may be prescribed. CHAPTER VII MISCELLANEOUS **32. Defects in appointments not to invalidate acts, etc., of Board.—No act or proceeding of the** Board or of any committee of the National Dairy Development Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be. **33. Protection of acts done in good faith.—No suit or other legal proceeding shall lie against the** National Dairy Development Board or any director or any officer or other employee of the Board or any other person authorised by the Board to discharge any functions under this Act, for any loss or 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 of any other law or provision having the force of law. **34. Indemnity of directors.—Every director shall be indemnified by the National Dairy** Development Board against all losses and expenses incurred by him, in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. **35. Obligation as to fidelity and secrecy.—(1) The Board shall not, except as otherwise required by** this Act or any other law, divulge any information relating to, or to the affairs of, the National Dairy Development Board or of the society or of the dissolved company except in circumstances in which it is in accordance with the law or practice and usage customary among financial institutions, necessary or appropriate for the Board to divulge such information. (2) Every director, member of a committee, auditor or officer or other employee of the National Dairy Development Board shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Schedule. **36. Recruitment of additional officers and other employees.—Nothing contained in Chapter V** shall be deemed to prejudice the right of the National Dairy Development Board to create such number of additional posts or to appoint such number of additional officers or other employees as it may consider necessary or desirable for the efficient discharge of the functions of the National Dairy Development Board and where any such officer or other employee is appointed, the terms and conditions of service, including inter se seniority, may also be determined by the Board. 14 ----- **37. Liquidation only under orders of Central Government.—No provision of any law relating to** the winding up of companies or corporations shall apply to the National Dairy Development Board and it shall not be placed in liquidation save by an order of the Central Government and in such manner as it may direct. **38. Delegation of certain powers by Central Government.—(1) The Central Government may, on** the recommendation of the National Dairy Development Board, if satisfied that it is necessary so to do in the public interest, make any scheme for the purpose of enabling the National Dairy Development Board to undertake and perform any of the activities or functions of the Central Government relatable to dairy, foodstuffs and connected industries, particularly with reference to matters related to the development of the national milk grid by the regulation of the production, procurement, marketing, export-import, maintenance of standards or such like activities (including the collection and compilation of statistics and relevant data). (2) Every scheme made under sub-section (1) shall be published in the Official Gazette and may contain such conditions, restrictions or limitations as the Central Government may deem fit to impose. **39. Transitional provisions for auditors.—Any auditor appointed in relation to the society or the** dissolved company, functioning immediately before the appointed day, may, notwithstanding anything contained in this Act, be continued by the National Dairy Development Board for such period and on such terms as may be considered necessary. **40. Transitional provisions with regard to Chairman and Board.—The Chairman of the society,** holding office immediately before the appointed day, shall be the Chairman of the National Dairy Development Board until a Chairman is nominated in accordance with the provisions of this Act and he shall be competent to perform the functions of the Board until the constitution of the Board under this Act. **41. Management or assistance to others to continue.—For the removal of doubts, it is hereby** declared that where, before the appointed day, either the society or the dissolved company was managing any other organisation or rendering any technical or other assistance to any organisation or person, the National Dairy Development Board may continue to render the same or similar service to such extent, for such period and with such modifications as the Board may deem fit. **42. Mother Dairy to be a subsidiary unit of National Dairy Development Board.—The** undertaking known as the Mother Dairy, Delhi, shall, on and from the appointed day, become a subsidiary unit of the National Dairy Development Board but shall retain its separate character, unless otherwise decided by the Board. **43. Formation of companies with previous approval of Central Government.—(1) Where the** Board considers it necessary so to do, for the implementation of any of its objectives, it may, subject to the previous approval of the Central Government form one or more companies either by itself or in conjunction with any of its subsidiaries or with any other undertaking. (2) Where any company has been formed in pursuance of sub-section (1),— (a) in the case of a company formed by the Board by itself or along with its subsidiaries, it may contribute such capital, transfer such of its assets or render such assistance, as may be required, so as to enable the company so formed to function; and (b) in any other case, it may contribute capital, transfer assets or render assistance in such manner and to such extent as the Board may deem fit subject to specific previous approval of the Central Government in that regard. **44. [Exemption from tax on income]** _Omitted by Act_ 20 of 2002 (20 of 2002) s.162 _(w.e.f. 1-4-2003)._ **45. Returns.—The National Dairy Development Board shall furnish, from time to time, to the** Central Government such returns as the Central Government may require. 15 ----- **46. Power to make schemes and regulations regarding service matters retrospectively.—Any** scheme or regulation made under this Act in relation to conditions of service or like matters of officers or other employees of the National Dairy Development Board, may be made retrospectively from any date not earlier than the appointed day. **47. Act to have overriding effect.—The provisions of this Act shall have effect notwithstanding** anything inconsistent therewith contained in the Companies Act, the Industrial Disputes Act, 1947 (14 of 1947) or 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. **48. Power to make regulations.—(1) The Board may, by notification in the Gazette of India, make** regulations not inconsistent with the provisions of this Act and the schemes made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the procedure to be followed for the transaction of business at the meetings of the Board and the number of members which shall form quorum at a meeting under sub-section (1) of section 10; (b) the allowances to be paid to the members of any management committee, other than the Chairman and whole-time directors, for attending the meetings of the management committee or for attending to any other work of the National Dairy Development Board under sub-section (1) of section 13 and the other matters pertaining to the conduct of proceedings of the management committees under sub-section (2) of that section; (c) the higher grade for the purposes of clause (a) of section 15; (d) the particulars of the steps for the advancement of the health, education or other interests of the officers and other employees or their families as referred to in sub-section (4) of section 22; (e) the matters of detail regarding establishment or maintenance of funds referred to in sub-section (5) of section 22; (f) the conditions subject to which sums of money are to be deposited under sub-section (2) of section 26; (g) the form and manner in which the balance-sheet and accounts of the National Dairy Development Board shall be prepared under sub-section (1) of section 27; (h) the procedure for making an application under sub-section (1) of section 31 and for the disposal thereof under sub-section (2) of that section; (i) conditions of service of officers and other employees; (j) any other matter which is to be, or may be, prescribed. **49. 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 may appear to be necessary for removing the difficulty: Provided that no such order shall be made after the expiry of five years from the appointed day. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **50. Schemes and regulations to be laid before Parliament.—Every scheme 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 scheme or regulation or both Houses agree that the scheme or regulation should not be made, the scheme 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 scheme or regulation. 16 ----- # THE SCHEDULE [See section 35 (2)] _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 Chairman, director, member of committee, auditor, officer or other employee (as the case may be) of the National Dairy Development Board and which properly relate to the office or position held by me in or in relation to the National Dairy Development Board. 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 any person having any dealing with the National Dairy Development Board 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 National Dairy Development Board and relating to the business of the National Dairy Development Board or the business of any person having any dealing with the National Dairy Development Board. 17 -----

11-Oct-1987

39

The Legal Services Authorities Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1925/1/198739.pdf

central

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

23-Dec-1987

53

The National Housing Bank Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1881/4/A1987-53.pdf

central

# THE NATIONAL HOUSING BANK ACT, 1987 ___________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF THE NATIONAL HOUSING BANK AND CAPITAL THEREOF 3. Establishment and incorporation of National Housing Bank. 4. Capital. CHAPTER III MANAGEMENT OF THE NATIONAL HOUSING BANK 5. Management. 6. Board of Directors. 7. Term of office of Chairman, Managing Director and other directors, service conditions, etc. 8. Disqualifications. 9. Vacation and resignation of office by directors. 10. Casual vacancy in the office of Chairman or Managing Director. 11. Meetings of Board. 12. Executive Committee and other committees. 13. Director of Board or member of committee thereof not to participate in meetings in certain cases. CHAPTER IV BUSINESS OF THE NATIONAL HOUSING BANK 14. Business of the National Housing Bank. 15. Borrowings and acceptance of deposits by National Housing Bank. 16. Loans in foreign currency. 16A. Assistance to borrower when to operate or a charge in the property offered as security. 16B. Amount and security to be held in trust. 17. Power to transfer rights. 18. Power to acquire rights. 18A. Exemption from registration. 19. Power to impose conditions for accommodation. 20. Power to call for repayment before agreed period. 21. National Housing Bank to have access to records. 22. Validity of loan or advance not to be questioned. 23. National Housing Bank not to make loans or advances against its own bonds or debentures. 24. Power to inspect. 1 ----- SECTIONS 25. Power to collect credit information. 26. Power to publish information. 27. Advisory services. CHAPTER V PROVISIONS RELATING TO HOUSING FINANCE INSTITUTIONS 28. Definition of deposit. 29. Chapter not to apply in certain cases. 29A. Requirement of registration and net owned fund. 29B. Maintenance of percentage of assets. 29C. Reserve fund. 30. Reserve Bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of money. 30A. Power of Reserve Bank to determine policy and issue directions. 31. Power of National Housing Bank to collect information from housing finance institutions as to deposits. 32. Duty of housing finance institutions to furnish statements, etc., under this Chapter. 33. Powers and duties of auditors. 33A. Power of Reserve Bank to prohibit acceptance of deposit and alienation of assets. 33B. Power of National Housing Bank to file winding up petition. 33C. Power to take action against auditors. 34. Inspection. 35. Deposits not to be solicited by unauthorised persons. 35A. Disclosure of information. 35B. Power of Reserve Bank to exempt housing finance institution. 36. Chapter V to override other laws. 36A. Power to order repayment of deposit. 36B. Nomination by depositors. CHAPTER VA OTHER PROVISIONS RELATING TO HOUSING FINANCE INSTITUTIONS 36C. Definitions. 36D. Appointment of recovery officer. 36E. Application to the recovery officer. 36F. Procedure in respect of application under section 36E. 36G. Enforcement of order of recovery officer. 36H. Chief Metropolitan Magistrate and District Magistrate to assist recovery officer in taking charge of property. 36-I. Establishment of Appellate Tribunal. 36J. Composition of Appellate Tribunal. 36K. Qualification for appointment as Presiding Officer of Appellate Tribunal. 36L. Term of office. 36M. Staff of Appellate Tribunal. 36N. Salaries and allowances and other terms and conditions of service of Presiding Officers. 36-O. Filling up of vacancies. 2 ----- SECTIONS 36P. Resignation and removal. 36Q. Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings. 36R. Jurisdiction, powers and authority of Appellate Tribunal. 36S. Appeal to the Appellate Tribunal. 36T. Deposit of amount due, on filing appeal. 36U. Procedure and powers of recovery officer and Appellate Tribunal. 36V. Limitation. 36W. Presiding Officer, recovery officer, other officers and employees to be public servant. 36X. Protection of action taken in good faith. 36Y. Bar of jurisdiction. 36Z. Transitional provisions. CHAPTER VI FUNDS, ACCOUNTS AND AUDIT 37. General Fund and other funds. 38. Preparation of balance sheet, etc., of National Housing Bank. 39. Disposal of surplus. 40. Audit. 41. Returns. 42. Annual report on housing. CHAPTER VII MISCELLANEOUS 43. Staff of National Housing Bank. 43A. Delegation of powers. 44. Obligation as to fidelity and secrecy. 45. Defects in appointment not to invalidate acts, etc. 45A. Arrangement with National Housing Bank on appointment of directors to prevail. 46. Protection of action taken under the Act. 47. Indemnity of directors. 47A. Nomination in respect of deposits, bonds, etc. 48. [Omitted.] 49. Penalties. 50. Offences by companies. 51. Cognizance of offences. 52. Application of fine. 52A. Power of National Housing Bank and Reserve Bank to impose penalty. 53. Bankers’ Books Evidence Act 18 of 1891, to apply in relation to the National Housing Bank. 54. Liquidation of National Housing Bank. 54A. Power to make rules. 55. Power of the Board to make regulations. 56. [Repealed.] 57. Power to remove difficulties. THE FIRST SCHEDULE. [REPEALED.] THE THIRD SCHEDULE. 3 ----- # THE NATIONAL HOUSING BANK ACT, 1987 ACT NO. 53 OF 1987 [23rd December, 1987.] # An Act to establish a bank to be known as the National Housing Bank to operate as a principal agency to promote housing finance institutions both at local and regional levels and to provide financial and other support to such institutions and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the National Housing Bank** Act, 1987. (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 any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Board of Directors of the National Housing Bank referred to in section 6; (b) “Chairman” means the Chairman of the Board appointed under section 6; (c) “director” means a director appointed under section 6; (d) “housing finance institution” includes every institution, whether incorporated or not, which primarily transacts or has as [2][one of its principal objects], the transacting of the business of providing finance for housing, whether directly or indirectly; (e) “Managing Director” means the Managing Director appointed under section 6; (f) “National Housing Bank” means the National Housing Bank established under section 3; (g) “notification” means a notification published in the Official Gazette; (h) “prescribed” means prescribed by regulations made under this Act; (i) “Reserve Bank” means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (2 of 1934). (j) 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; (k) 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. 1. 9th July, 1988, vide notification No. S.O. 684(E), dated 9th July, 1988, _see Gazette of India, Extraordinary, Part II, sec. 3(ii)_ [in except Chapter V and sub-section (3) of section 49]. 1st June, 1989, vide notification No. S.O. 394(E), dated 1st June, 1989, see Gazette of India, Extraordinary, Part II, sec. 3(ii) [in respect of Chapter V and sub-section (3) of section 49]. 2. Subs. by Act 15 of 2000, s. 2, for “its principal object” (w.e.f. 12-6-2000). 4 ----- CHAPTER II ESTABLISHMENT OF THE NATIONAL HOUSING BANK AND CAPITAL THEREOF **3. Establishment and incorporation of National Housing Bank.—(1) With effect from such date** as the Central Government may, by notification, appoint, there shall be established for the purposes of this Act, a bank to be known as the National Housing Bank. (2) The National Housing Bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name, sue and be sued. (3) The head office of the National Housing Bank shall be at [1][New Delhi or at such other place as the Central Government] may, by notification, specify. (4) The National Housing Bank may establish offices, branches or agencies at any place in India, and with the previous approval of [2][the Central Government], at any place outside India. 3[4. Capital.—(1) The authorised and paid-up capital of the National Housing Bank shall be three hundred and fifty crores of rupees: 4[Provided that the Central Government may, by notification, increase the authorised capital up to two thousand crore rupees or such other amount as may be determined by it from time to time.] (2) The Board may, on such terms and conditions, as determined by it from time to time, issue the increased authorised capital to [5]*** the Central Government, scheduled banks, public financial institutions, housing finance institutions or such other institutions, as may be approved by the Central Government: Provided that no increase in the issued capital shall be made in such manner that [5]*** the Central Government, public sector banks, public financial institutions or other institutions owned or controlled by the Central Government, hold in aggregate at any time, less than fifty-one per cent. of the issued capital of the National Housing Bank.] 6[(3) The subscribed capital of one thousand four hundred and fifty crore rupees of the National Housing Bank, which has been subscribed to by the Reserve Bank, shall stand transferred to, and vested in the Central Government upon payment of the face value of the subscribed capital, to the Reserve Bank from such date as may be notified by the Central Government.] CHAPTER III MANAGEMENT OF THE NATIONAL HOUSING BANK **5. Management.—(1) The general superintendence, direction and management of the affairs and** business of the National Housing Bank shall vest in the Board of Directors, which shall exercise all powers and do all acts and things, which may be exercised or done by the National Housing Bank. (2) Subject to the provisions of this Act, the Board, in discharging its functions, shall act on business principles with due regard to public interest. (3) Subject to the provisions of sub-section (1) and save as otherwise provided in the regulations made under this Act,— 1. Subs. by Act 13 of 2018, s. 163, for “Bombay or at such other place as the Reserve Bank” (w.e.f. 1-6-2018). 2. Subs. by s. 163, ibid., for “the Reserve Bank” (w.e.f. 1-6-2018). 3. Subs. by Act 15 of 2000, s. 3, for section 4 (w.e.f. 12-6-2000). 4. The Proviso subs. by Act 13 of 2018, s. 164 (w.e.f. 1-6-2018). 5. The words “the Reserve Bank,” omitted by s. 164, ibid. (w.e.f. 1-6-2018). 6. The Proviso ins. by s. 164, ibid. (w.e.f. 1-6-2018). 5 ----- 1[(a) the Chairman, if he is a whole-time director or if he is holding offices both as the Chairman and the Managing Director, or (b) the Managing Director, if the Chairman is not if he is whole-time director, or if the Chairman being a whole-time director, is absent,] shall also have powers of general superintendence, direction and management of the affairs and business of the National Housing Bank and may also exercise all powers and do all acts and things which may be exercised or done by the National Housing Bank and shall act on business principles with due regard to public interest. (4) The Managing Director shall, in the discharge of his powers and functions, follow such directions as the Chairman may give. (5) In the discharge of its functions under this Act, the National Housing Bank shall be guided by such directions in matters of policy involving public interest as the Central Government [2]*** may give in writing. **6. Board of Directors.—(1) The Board of Directors of the National Housing Bank shall consist of** the following, namely:— (a) a Chairman and a Managing Director: Provided that the same person may be appointed as Chairman and as Managing Director; (b) [3][two directors] from amongst the experts in the field of housing, architecture, engineering, sociology, finance, law, management and corporate planning or in any other field, special knowledge of which is considered useful to the National Housing Bank; 4[(c) two directors, who shall be persons with experience in the working of institutions involved in providing funds for housing or engaged in housing development or have experience in the working of financial institutions or scheduled banks; (ca) two directors elected in such manner as may be prescribed by shareholders other than [5]*** the Central Government and other institutions owned or controlled by the Central Government;] (d) [6][one director] from out of the directors of the Reserve Bank; (e) three directors from amongst the officials of the Central Government; (f) two directors from amongst the officials of the State Government. (2) The Chairman, the Managing Director and other directors [7][excluding the directors referred to in clauses (ca) and (d)], shall be appointed by the Central Government [8][the director] referred to in clause (d) shall be nominated by the Reserve Bank. **7. Term of office of Chairman, Managing Director and other directors, service conditions,** **etc.—(1) The Chairman and the Managing Director shall hold office for such term, not exceeding five** years and shall receive such salary and allowances and be governed by such terms and conditions of service as the Central Government may [9]*** specify and shall be eligible for re-appointment: Provided that the Chairman or, as the case may be, the Managing Director shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 1. Subs. by Act 15 of 2000, s. 4, for clauses (a) and (b) (w.e.f. 12-6-2000). 2. The words “, in consultation with the Reserve Bank, or the Reserve Bank,” omitted by Act 13 of 2018, s. 165 (w.e.f. 1-6-2018). 3. Subs. by Act 15 of 2000, s. 5, for “three directors” (w.e.f 12-6-2000). 4. Subs. by s. 5, ibid., for clause (c) (w.e.f. 12-6-2000). 5. The words “the Reserve Bank,” omitted by Act 13 of 2018, s. 166 (w.e.f. 1-6-2018). 6. Subs. by s. 166, ibid., for “two directors” (w.e.f. 1-6-2018). 7. Subs. by Act 15 of 2000, s. 5, for “excluding the directors referred to in clause (d)” (w.e.f. 12-6-2000). 8. Subs. by Act 13 of 2018, s. 166, for “in consultation with the Reserve Bank and directors” (w.e.f. 1-6-2018). 9. The words “, in consultation with the Reserve Bank,” omitted by s. 167, ibid. (w.e.f. 1-6-2018). 6 ----- (2) The directors referred to in [1][clauses (b), (c) and (ca)] of sub-section (1) of section 6 shall hold office for a term of three years: 2* - - - (3) The Central Government may [3]*** remove the Chairman or the Managing Director, or any other director referred to in sub-section (2), at any time before the expiry of his term of office after giving him a reasonable opportunity of showing case against the proposed removal. (4) Notwithstanding anything contained in sub-sections (1) and (3), the Central Government [3]***shall have the right to terminate the term of office of the Chairman or, as the case may be, the Managing Director, at any time before the expiry of the term specified under sub-section (1), by giving him notice of not less than three months in writing or three months’ salary and allowances in lieu thereof and the Chairman or the Managing Director, as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term specified under sub-section (1), by giving to the Central Government notice of not less than three months in writing or three months’ salary and allowances in lieu thereof. (5) The directors shall be paid such fees and allowances as may be prescribed for attending the meetings of the Board or of any of its committees and for attending to any other work of the National Housing Bank: Provided that no such fee shall be payable to any director, who is an official of the Government or a director of the Reserve Bank. **8. Disqualifications.—No person shall be a director of the Board, if he—** (a) is, or becomes of unsound mind and has been so declared by a competent court; or (b) is or has been convicted of any offence which, in the opinion of the Central Government, involves moral turpitude; or (c) is, or at any time has been, adjudicated as insolvent or has suspended payment of his debts or has compounded with his creditors; or (d) has, for any reason, been removed or dismissed from the service of— (i) the Government, or (ii) the Reserve Bank, the State Bank or any other bank, or (iii) any public financial institution, or state financial corporation, or (iv) any other corporation owned or controlled by the Government. **9. Vacation and resignation of office by directors.—(1) If a director—** (a) becomes subject to any of the disqualifications mentioned in section 8; or (b) is absent without leave of the Board for three or more consecutive meetings thereof, his seat shall thereupon become vacant. (2) Any director may resign his office by giving notice thereof in writing to the authority that appointed or, as the case may be, nominated him and on his resignation being accepted by such authority or if his resignation is not sooner accepted, on the expiry of three months from the receipt thereof by such appointing authority, he shall be deemed to have vacated his office. **10. Casual vacancy in the office of Chairman or Managing Director.—If the Chairman, or as the** case may be, the Managing Director, is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise, in circumstances not involving the vacation of his appointment, the Central Government may, appoint another person to act in his place during his absence. 1. Subs. by Act 15 of 2000, s. 6, for “clauses (b) and (c)” (w.e.f. 12-6-2000). 2. The proviso omitted by Act 45 of 2006, s. 19 (w.e.f. 16-10-2006). 3. The words “, in consultation with the Reserve Bank,” omitted by Act 13 of 2018, s. 167 (w.e.f. 1-6-2018). 7 ----- **11. Meetings of Board.—(1) The Board shall meet at such times and places and shall observe such** rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. (2) The Chairman, or, if for any reason he is unable to attend a meeting of the Board, the Managing Director, or, in the event of both the Chairman and the Managing Director being unable to attend a meeting, any other director nominated by the Chairman in this behalf and in the absence of such nomination, any director elected by the directors present from among themselves at the meeting, shall preside at the meeting. (3) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the Chairman, or, in his absence, the person presiding, shall have a second or casting vote. **12. Executive Committee and other committees.—(1) The Board may constitute an Executive** Committee consisting of such number of directors as may be prescribed. (2) The Executive Committee shall discharge such functions as may be prescribed, or, as may be delegated to it, by the Board. (3) The Board may constitute such other committees, whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons as it thinks fit for such purposes, as it may decide and any committee so constituted shall discharge such functions as may be delegated to it by the Board. (4) The Executive Committee or any other committees constituted under this section shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings, as may be prescribed. **13. Director of Board or member of committee thereof not to participate in meetings in certain** **cases.—Any director of the Board or any member of a committee, who has any direct or indirect** pecuniary interest in any matter coming up for consideration at a meeting of the Board or a committee thereof, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the Board, or the committee, as the case may be, and the director or member shall not take any part in any deliberation or decision of the Board or the committee with respect to that matter. CHAPTER IV BUSINESS OF THE NATIONAL HOUSING BANK **14. Business of the National Housing Bank.—Subject to the provisions of this Act, the National** Housing Bank may transact all or any of the following kinds of business, namely:— (a) promoting, establishing, supporting or aiding in the promotion, establishment and support of housing finance institutions; 1[(b) making of loans and advances or rendering any other form of financial assistance whatsoever for housing activities to housing finance institutions, scheduled banks, state co-operative agricultural and rural development banks or any other institution or class of institutions as may be notified by the Central Government; (ba) making of loans and advances for housing or residential township-cum-housing development or slum clearance projects;] (c) subscribing to or purchasing stocks, shares, bonds, debentures and securities of every other description; (d) guaranteeing the financial obligations of housing finance institutions and underwriting the issue of stocks, shares, bonds, debentures and securities of every other description of housing finance institutions; 1. Subs. by Act 15 of 2000, s. 7, for clause (b) (w.e.f. 12-6-2000). 8 ----- (e) drawing, accepting, discounting or rediscounting, buying or selling and dealing in bills of exchange, promissory notes, bonds, debentures, hundies, coupons and other instruments by whatever name called; 1[(ea) buying, selling or otherwise dealing in any loans or advances secured by mortgage or charge of the immovable property relating to scheduled banks or housing finance institutions; (eb) creating one or more trusts and transferring loans or advances together with or without securities therefor to such trusts for consideration; (ec) setting aside loans or advances held by the National Housing Bank and issuing and selling securities based upon such loans or advances so set aside in the form of debt obligations, trust certificates of beneficial interest or other instruments, by whatever name called, and to act as trustee for the holders of such securities; (ed) setting up of one or more mutual funds for undertaking housing finance activities; (ee) undertaking or participating in housing mortgage insurance;] 2[(f) promoting, forming, conducting or associating in the promotion, formation or conduct of companies, mortgage banks, subsidiaries, societies, trusts or such other association of persons as it may deem fit for carrying out all or any of its functions under this Act;] (g) undertaking research and surveys on construction techniques and other studies relating to or connected with shelter, housing and human settlement; (h) formulating one or more schemes, for the purpose of mobilisation of resources and extension of credit for housing; 3[(hh) formulating a scheme for the purpose of accepting deposits referred to in clause (a) of section 2 of the Voluntary Deposits (Immunities and Exemptions) Act, 1991 (47 of 1991) and crediting forty per cent. of the amount of such deposits to a special fund created under section 37;] (i) formulating one or more schemes; for the economically weaker sections of society which may be subsidised by the Central Government or any State Government or any other source; (j) organising training programmes, seminars and symposia on matters relating to housing; (k) providing guidelines to the housing finance institutions to ensure their growth on sound lines; (l) providing technical and administrative assistance to housing finance institutions; (m) co-ordinating with the Life Insurance Corporation of India the Unit Trust of India, the General Insurance Corporation of India and other financial institutions, in the discharge of its overall functions; (n) exercising all powers and functions in the performance of duties entrusted to the National Housing Bank under this Act or under any other law for the time being in force; (o) acting as agent of the Central Government, the State Government or the Reserve Bank or of any authority as may be authorised by the Reserve Bank; (p) any other kind of business which the Central Government may, on the recommendation of the Reserve Bank, authorise; (q) generally, doing of all such matters and things as may be incidental to or consequential upon the exercise of its powers or the discharge of its duties under this Act. **15. Borrowings and acceptance of deposits by National Housing Bank.—(1) The National** Housing Bank may, for the purpose of carrying out its functions under this Act— 1. Ins. by Act 15 of 2000, s. 7 (w.e.f. 12-6-2000). 2. Subs. by Act 15 of 2000, s. 7, for clause (f) (w.e.f. 12-6-2000). 3. Ins. by Act 47 of 1991, s. 5 (w.e.f. 20-9-1991). 9 ----- (a) issue and sell bonds and debentures with or without the guarantee of the Central Government, in such manner and on such terms as may be prescribed; (b) borrow money from [1][the Central Government, scheduled banks, financial institutions, mutual funds] and from any other authority or organisation or institution approved by that Government on such terms and conditions as may be agreed upon; (c) accept deposits repayable after the expiry of [2][such period and] on such terms as may generally or specially be approved by the Reserve Bank: 3[Provided that nothing contained in this clause shall apply to deposits accepted under the scheme formulated by the Bank in pursuance of clause (hh) of section 14;] (d) borrow money from the Reserve Bank— 4[(i) by way of loans and advances and generally obtain financial assistance in such manner or on such terms and conditions as may be specified by the Reserve Bank;] (ii) out of the National Housing Credit (Long Term Operations) Fund established under section 46D of the Reserve Bank of India Act, 1934 (2 of 1934) or any of the purposes specified in that section; (e) receive for services rendered, such remuneration, commission, commitment charges, consultancy charges, service charges, royalties, premia, licence fees and any other consideration of whatever description; (f) receive gifts, grants, donations or benefactions from Government or any other source. (2) The Central Government may, on a request being made to it by the National Housing Bank, guarantee the bonds and debentures issued by the National Housing Bank as to the repayment of principal and the payment of interest at such rate as may be fixed by that Government. **16. Loans in foreign currency.—(1) Notwithstanding anything contained in [5][the Foreign Exchange** Management Act, 1999 (42 of 1999)] or in any other law for the time being in force relating to foreign exchange, the National Housing Bank may, for the purpose of making loans and advances under this Act, borrow in such manner and on such conditions as may be prescribed in consultation with the Reserve Bank and with the previous approval of the Central Government, foreign currency from any bank or financial institution in India or elsewhere. (2) The Central Government may, where necessary, guarantee any loan taken by the National Housing Bank under sub-section (1) or any part thereof as to the repayment of principal and the payment of interest and other incidental charges. **6[16A. Assistance to borrower when to operate or a charge in the property offered as** **security.—(1) Where any person or institution seeks any financial assistance from the National Housing** Bank on the security of any immovable property belonging to him or to that institution or on the security of the property of some other person whose property is offered as a collateral security for such assistance, such person or institution or, as the case may be, such other person may execute a written declaration in the form set out in the Third Schedule to this Act stating therein the particulars of the immovable property which is proposed to be offered as security, or as the case may be, collateral security, for such assistance and agreeing that the dues relating to the assistance, if granted, shall be a charge on such immovable property and, if on receipt of such declaration, the National Housing Bank grants any financial assistance to the person or institution aforesaid, the dues relating to such assistance shall, without prejudice to the rights of any other creditor holding any prior charge or mortgage in respect of the immovable property so 1. Subs. by Act 15 of 2000, s. 8, for “the Central Government” (w.e.f. 12-6-2000). 2. Subs. by s. 8, _ibid., for “a period which shall not be less than twelve months from the date of the making of the deposit”_ (w.e.f. 12-6-2000). 3. Added by Act 47 of 1991, s. 5 (w.e.f. 20-9-1991). 4. Subs. by Act 15 of 2000, s. 8, for sub-clause (i) (w.e.f. 12-6-2000). 5. Subs. by Act 13 of 2018, s. 168, for “the Foreign Exchange Regulation Act, 1973 (46 of 1973) (w.e.f. 1-6-2018). 6. Ins. by Act 15 of 2000, s. 9 (w.e.f. 12-6-2000). 10 ----- specified, be, by virtue of the provisions of this section, a charge on the property specified in the declaration aforesaid. (2) Where any further immovable property is offered by a person or an institution as security for the financial assistance referred to in sub-section (1), such person or institution may execute a fresh declaration, as far as may be in the form set out in the Third Schedule to this Act, whereupon the dues relating to such assistance shall, by virtue of the provisions of this section, also be a charge on the property specified in such fresh declaration. (3) A declaration made under sub-section (1) or sub-section (2) may be varied or revoked at any time by the person or institution as aforesaid, with the prior approval of the National Housing Bank. (4) Every declaration made under sub-section (1) or sub-section (2) shall be deemed to be a document registrable as an agreement under the provisions of the Registration Act, 1908 (16 of 1908) and no such declaration shall have effect unless it is so registered. **16B. Amount and security to be held in trust.—(1) Any sums received by a borrowing institution** in repayment or realisation of loans and advances financed or refinanced either wholly or partly by the National Housing Bank shall, to the extent of the accommodation granted by the National Housing Bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the National Housing Bank, and shall accordingly be paid by such institution to the National Housing Bank. (2) Where any accommodation has been granted by the National Housing Bank to a borrowing institution, all securities held, or which may be held, by such borrowing institution on account of any transaction in respect of which such accommodation has been granted, shall be held by such institution in trust for the National Housing Bank.] **17. Power to transfer rights.—The rights and interests of the National Housing Bank (including any** other rights incidental thereto) in relation to any loan or advance made, or any amount recoverable, by it, may be transferred by the National Housing Bank, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement, or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred, and the National Housing Bank may, notwithstanding such transfer, act as the trustee within the meaning of section 3 of the Indian Trusts Act, 1882 (2 of 1882), for the transferee. **18. Power to acquire rights.—The National Housing Bank shall have the right to acquire, by transfer** or assignment, the rights and interests of any [1][institution] (including any other rights incidental thereto) in relation to any loan or advance made, or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred. 2[18A. Exemption from registration.—Notwithstanding anything contained in sub-section (1) of section 17 of the Registration Act, 1908 (16 of 1908),— (a) any instrument in the form of debt obligations or trust certificate of beneficial interest or other instruments, by whatever name called, issued by the National Housing Bank to securities the loans granted by the housing finance institutions and scheduled banks, and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to an undivided interest afforded by a registered instrument, whereby the National Housing Bank has acquired the rights and interests in relation to such loans and in securities therefor; or (b) any transfer of such instruments referred to in clause (a), shall not require compulsory registration. 1. Subs. by Act 15 of 2000, s. 10, for “housing finance institution” (w.e.f. 12-6-2000). 2. Ins. by s. 11, ibid. (w.e.f. 12-6-2000). 11 ----- **18B. Recovery of dues as arrears of land revenue.—Where any amount is due under an agreement** to the National Housing Bank, whether acting as a trustee or otherwise, in respect of securitisation of loans of housing finance institutions and scheduled banks, the National Housing Bank may without prejudice to any other mode of recovery make an application to the State Government for the recovery of the amount due to it, and if the State Government or such authority, as that Government may specify in this behalf, is satisfied that any amount is due, it may issue a certificate for the amount to the Collector and the Collector shall proceed to recover that amount in the same manner as arrears of land revenue.] **19. Power to impose conditions for accommodation.—In entering into any transaction under this** Chapter with any borrowing [1][institutions], the National Housing Bank may impose such conditions as it may think necessary or expedient for protecting the interests of the National Housing Bank. **20. Power to call for repayment before agreed period.—Notwithstanding anything to the contrary** contained in any agreement, the National Housing Bank may, by notice in writing, require any borrowing 1[institutions] to discharge forthwith in full its liabilities to the National Housing Bank— (a) if it appears to the Board that false or misleading information in any material particular was given in the application for the loan or advance; or (b) if the borrowing [1][institutions] has failed to comply with any of the terms of the agreement with the National Housing Bank in the matter of the loan or advance; or (c) if there is a reasonable apprehension that the borrowing [1][institutions] is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof; or (d) if for any reason, it is necessary so to do to protect the interests of the National Housing Bank. **21. National Housing Bank to have access to records.—(1) The National Housing Bank shall have** free access to all such records of any [1][institutions] which seeks to avail of any credit facilities from the National Housing Bank and to all such records of any person who seeks to avail of any credit facilities from such [1][institutions], the perusal of which may appear to the national Housing Bank to be necessary in connection with the providing of finance or other assistance to such [1][institutions] or the refinancing of any loan or advance made to such person by that [1][institutions]. (2) The National Housing Bank may require any institution or person referred to in sub-section (1), to furnish to it copies of any of the records referred to in that sub-section and the institution or the person, as the case may be, shall be bound to comply with such requisition. **22. Validity of loan or advance not to be questioned.—Notwithstanding anything to the contrary** contained in any other law for the time being in force, the validity of any loan or advance made by the National Housing Bank in pursuance of the provisions of this Act shall not be called in question merely on the ground of non-compliance with the requirements of such other law or of any resolution, contract, or any instrument regulating the constitution of the borrowing [1][institutions]: Provided that nothing in this section shall enable any company or co-operative society to obtain any loan or advance where the instrument relating to the constitution of such company or co-operative society does not empower such company or co-operative society so to do. **23. National Housing Bank not to make loans or advances against its own bonds or** **debentures.—The National Housing Bank shall not make any loan or advance on the security of its own** bonds or debentures. **24. Power to inspect.—(1) The National Housing Bank may at any time and shall, on being directed** so to do by the Reserve Bank, cause an inspection to be made by one or more of its officers of any 1[institutions] to which the National Housing Bank has made any loan or advance or granted any other financial assistance, and its books, accounts and other documents; and the National Housing Bank shall supply to the [1][institutions] a copy of its report on such inspection. (2) It shall be the duty of every officer, employee or other person or persons incharge of the whole or part of the affairs of the [1][institutions] to produce to any officer making an inspection under 1. Subs. by Act 15 of 2000, s. 12, for “housing finance institutions” (w.e.f. 12-6-2000). 12 ----- sub-section (1), all such books, accounts and other documents in his custody or power and to furnish within such time as the said officer may specify, any statements, information relating to the affairs of the 1[institutions] as the said officer may require of him. **25. Power to collect credit information.—(1) The National Housing Bank may, for the purpose of** the efficient discharge of its functions under this Act, at any time direct any [1][institutions] to submit to it credit information in such form and within such time as may be specified by the National Housing Bank from time to time. (2) Every [1][institutions] shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any instrument regulating the constitution thereof or in any agreement executed by it, relating to the secrecy of its dealings with its constituents, be bound to comply with any directions issued under sub-section (1). (3) The National Housing Bank may, for the purpose of the efficient discharge of its functions under this Act collect from the Central and State Governments, local authorities, the Reserve Bank, any bank or such financial or other institutions as the Reserve Bank may specify in this behalf, credit information or other information. _Explanation.—For the purposes of this section and section 26, credit information means any_ information relating to— (i) the amount of loans and advances and other credit facilities granted for the purpose of housing; (ii) the nature of security taken for such loans, advances or other credit facilities; (iii) the guarantees furnished; and (iv) any other information which has a bearing on the credit-worthiness of the borrower. **26. Power to publish information.—The National Housing Bank, if it considers it in the public** interest so to do, may publish any credit information or other information obtained by it under this Act, in such consolidated form or in any other form as it thinks fit. **27. Advisory services.—The National Housing Bank may provide advisory services to the Central** and State Governments, local authorities and other agencies connected with housing, in respect of— (a) formulation of overall policies aimed at promoting the growth of housing and housing finance institutions; (b) legislation relating to matters having a bearing on shelter, housing and human settlement. CHAPTER V 2[PROVISIONS RELATING TO HOUSING FINANCE INSTITUTIONS] **28. Definition of deposit.—In this Chapter the term ‘deposit’ shall have the meaning assigned to it in** section 451 of the Reserve Bank of India Act, 1934 (2 of 1934). **29. Chapter not to apply in certain cases.—(1) The provisions of this Chapter shall not apply to** deposits accepted by a housing finance institution which is a firm or an unincorporated association of individuals. (2) For the removal of doubts, it is hereby declared that the firms and unincorporated associations of individuals referred to in sub-section (1) shall continue to be governed by the provisions of Chapter IIIC of the Reserve Bank of India Act, 1934 (2 of 1934). **3[29A. Requirement of registration and net owned fund—4[(1) Notwithstanding anything** contained in this Chapter or in any other law for the time being in force, no housing finance institution 1. Subs. by Act 15 of 2000, s. 12, for “housing finance institution” (w.e.f. 12-6-2000). 2. Subs. by Act 23 of 2019, s. 153, for the heading (w.e.f. 9-8-2019). 3. Ins. by Act 15 of 2000, s. 13 (w.e.f. 12-6-2000). 4. Subs. by Act 23 of 2019, s. 154, for sub-sections (1) and (2) (w.e.f. 9-8-2019). 13 ----- which is a company shall commence housing finance as its principal business or carry on the business of housing finance as its principal business without— (a) obtaining a certificate of registration issued under this Chapter; and (b) having the net owned fund of ten crore rupees or such other higher amount, as the Reserve Bank may, by notification, specify. (2) Every housing finance institution which is a company shall make an application for registration to the Reserve Bank in such form as may be specified by the Reserve Bank: Provided that an application made by a housing finance institution which is a company to the National Housing Bank and pending for consideration with the National Housing Bank as on the date of commencement of the provisions of Part VII of Chapter VI of the Finance (No. 2) Act, 2019, shall stand transferred to the Reserve Bank and thereupon the application shall be deemed to have been made under the provisions of this sub-section and shall be dealt with accordingly: Provided further that the provisions of this sub-section shall not apply to the housing finance institution which is a company and having a valid registration certificate granted under sub-section (5) on the date of commencement of the provisions of Part VII of Chapter VI of the Finance (No.2) Act, 2019, and such housing finance institution shall be deemed to have been granted a certificate of registration under the provision of this Act.] 1* - - - (4) The [2][Reserve Bank], for the purpose of considering the application for registration, may require to be satisfied by an inspection of the books of such housing finance institution or otherwise that the following conditions are fulfilled:— (a) that housing finance institution is or shall be in a position to pay its present or future depositors in full as and when their claims accrue; (b) that the affairs of the housing finance institution are not being or are not likely to be conducted in a manner detrimental to the interest of its present or future depositors; (c) that the general character of the management or the proposed management of the housing finance institution shall not be prejudicial to the public interest or the interests of its depositors; (d) that the housing finance institution has adequate capital structure and earning prospects; (e) that the public interest shall be served by the grant of certificate of registration to the housing finance institution to commence or to carry on the business in India; (f) that the grant of certificate of registration shall not be prejudicial to the operation and growth of the housing finance sector of the country; and (g) any other condition, fulfilment of which in the opinion of the [2][Reserve Bank], shall be necessary to ensure that the commencement of or carrying on the business in India by a housing finance institution shall not be prejudicial to the public interest or in the interests of the depositors: 3[Provided that the Reserve Bank may, wherever it considers necessary so to do, require the National Housing Bank to inspect the books of such housing finance institution and submit a report to the Reserve Bank for the purpose of considering the application.] (5) The [2][Reserve Bank] may, after being satisfied that the conditions specified in sub-section (4) are fulfilled, grant a certificate of registration subject to such conditions which it may consider fit to impose. (6) The [2][Reserve Bank] may cancel a certificate of registration granted to a housing finance institution under this section if such institution— (i) ceases to carry on the business of a housing finance institution in India; or (ii) has failed to comply with any condition subject to which the certificate of registration had been issued to it; or 1. Sub-section (3) omitted by Act 23 of 2019, s. 154 (w.e.f. 9-8-2019). 2. Subs. by s. 154, ibid., for “National Housing Bank” (w.e.f. 9-8-2019). 3. Ins. by s. 154, ibid. (w.e.f. 9-8-2019). 14 ----- (iii) at any time fails to fulfil any of the conditions referred to in clauses (a) to (g) of sub-section (4); or (iv) fails— (a) to comply with any direction issued by the [1][Reserve bank or the National Housing Bank] under the provisions of this Chapter; or (b) to maintain accounts in accordance with the requirement of any law or any direction or order issued by the [1][Reserve bank or the National Housing Bank] under the provisions of this Chapter; or (c) to submit or offer for inspection its books of account and other relevant documents when so demanded by an inspecting authority of the [1][Reserve bank or the National Housing Bank]; or (v) has been prohibited from accepting deposit by an order made by the National Housing Bank under the provisions of this Chapter and such order has been in force for a period of not less than three months: Provided that before cancelling a certificate of registration on the ground that the [2][housing finance institution which is a company] has failed to comply with the provisions of clause (ii) or has failed to fulfil any of the conditions referred to in clauses (a) to (g) of sub-section (4), the [3][Reserve Bank], unless it is of the opinion that the delay in cancelling the certificate of registration shall be prejudicial to public interest or the interest of the depositors or the [2][housing finance institution which is a company], shall give an opportunity to such institution on such terms as the [3][Reserve Bank] may specify for taking necessary steps to comply with such provision or fulfilment of such condition: Provided further that before making any order of cancellation of certificate of registration, such institution shall be given a reasonable opportunity of being heard. (7) A housing finance institution aggrieved by the order or rejection of application for registration or cancellation of certificate of registration may prefer an appeal, within a period of thirty days from the date on which such order of rejection or cancellation is communicated to it, to the Central Government and the decision of the Central Government where an appeal has been preferred to it, or of the [3][Reserve Bank] where no appeal has been preferred, shall be final: Provided that before making any order of rejection of appeal, such institution shall be given a reasonable opportunity of being heard. _Explanation.—For the purposes of this section,—_ (I) “net owned fund” means— (a) the aggregate of the paid-up equity capital and free reserves as disclosed in the latest balance-sheet of the housing finance institution after deducting therefrom— (i) accumulated balance of loss; (ii) deferred revenue expenditure; and (iii) other intangible assets; and (b) further reduced by the amounts representing— (1) investments of such institution in shares of— (i) its subsidiaries; (ii) companies in the same group; 4[(iii) all other housing finance companies; and] (2) the book value of debentures, bonds, outstanding loans and advances (including hire-purchase and lease finance) made to, and deposits with,— (i) subsidiaries of such company; and 1. Subs. by Act 23 of 2019, s. 154, for “National Housing Bank” (w.e.f. 9-8-2019). 2. Subs. by s. 154, ibid., for “housing finance institution” (w.e.f. 9-8-2019). 3. Subs. by s. 154, ibid., for “National Housing Bank” (w.e.f. 9-8-2019). 4. Subs. by s. 154, ibid., for sub-item (iii) (w.e.f. 9-8-2019). 15 ----- (ii) companies in the same group, to the extent such amount exceeds ten per cent. of (a) above; 1[(II) the expressions “subsidiaries” and “companies in the same group” shall have the meanings respectively assigned to them in the Companies Act, 2013 (18 of 2013): Provided that the National Housing Bank shall, in consultation with the Reserve Bank, specify the companies to be deemed to be in the same group.] **29B. Maintenance of percentage of assets.—(1) Every** [2][housing finance institution which is a company] shall invest and continue to invest in India in unencumbered approved securities, valued at a price not exceeding the current market price of such securities, an amount which, at the close of business on any day, shall not be less than five per cent. or such higher percentage not exceeding twenty-five per cent. as the [3][Reserve Bank] may, from time to time and by notification, specify, of the deposits outstanding at the close of business on the last working day of the second preceding quarter. (2) Every housing finance institution shall maintain in India in an account with a scheduled bank in term deposits or certificate of deposits (free of charge or lien) or in deposits with the National Housing Bank or by way of subscription to the bonds issued by the National Housing Bank, or partly in such account or in such deposit or partly by way of such subscription, a sum which, at the close of business on any day, together with the investment made under sub-section (1) shall not be less than ten per cent. or 4[such higher percentage not exceeding twenty-five per cent., as the Reserve Bank may], from time to time and by notification specify, of the deposits outstanding in the books of the housing finance institution at the close of business on the last working day of the second preceding quarter. (3) For the purpose of ensuring compliance with the provisions of this section, the [3][Reserve Bank] may require every such housing finance institution to furnish a return to it in such form, in such a manner and for such period as may be specified by the [3][Reserve Bank]. (4) If the amount invested by a housing finance institution at the close of business on any day is less than the rate specified under sub-section (1) or sub-section (2), such housing finance institution shall be liable to pay to the National Housing Bank, in respect of such shortfall, a penal interest at a rate of three per cent. per annum above the bank rate on such amount by which the amount actually maintained or invested falls short of the specified percentage, and where the shortfall continues in the subsequent quarters, the rate of penal interest shall be five per cent. per annum above the bank rate on such shortfall for each subsequent quarter. (5) (a) The penal interest payable under sub-section (4) shall be payable within a period of fourteen days from the date on which a notice issued by the National Housing Bank demanding payment of the same is served on the housing finance institution and, in the event of a failure of the housing finance institution to pay the same within such period, may be levied by a direction of the principal civil court having jurisdiction in the area where an office of the defaulting housing finance institution is situated and such direction shall be made only upon and application made in this behalf to the court by the National Housing Bank; and (b) When the court makes a direction under clause (a), it shall issue a certificate specifying the sum payable by the housing finance institution and every such certificate shall be enforceable in the manner as if it were a decree made by the court in a suit. (6) Notwithstanding anything contained in this section, if the National Housing Bank is satisfied that the defaulting housing finance institution had sufficient cause for its failure to comply with the provisions of sub-section (1) or sub-section (2), it may not demand the payment of the penal interest. _Explanation.—For the purposes of this section,—_ (i) “approved securities” means securities of any State Government or of the Central Government and such bonds, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by any such Government; 1. Subs. by Act 23 of 2019, s. 154, for clause (II) (w.e.f. 9-8-2019). 2. Subs. by s. 155, ibid., for “housing finance institution” (w.e.f. 9-8-2019). 3. Subs. by s. 155, ibid., for “National Housing Bank” (w.e.f. 9-8-2019). 4. Subs. by s. 155, _ibid., for “such higher percentage not exceeding twenty-five per cent., as the National Housing Bank may”_ (w.e.f. 9-8-2019). 16 ----- (ii) “unencumbered approved securities” includes the approved securities lodged by the housing finance institution with another institution for an advance or any other arrangement to the extent to which such securities have not been drawn against or availed of or encumbered in any manner; (iii) “quarter” means the period of three months ending on the last day of March, June, September or December. **29C. Reserve fund.—(1) Every housing finance institution which is a company shall create a** reserve fund and transfer therein a sum not less than twenty per cent. of its net profit every year as disclosed in the profit and loss account and before any dividend is declared. _Explanation.—A housing finance institution creating and maintaining any special reserve in terms of_ clause (viii) of sub-section (1) of section 36 of the Income-tax Act, 1961 (43 of 1961), may take into account any sum transferred by it for the year to such special reserve for the purposes of this sub-section. (2) No appropriation of any sum from the reserve fund including any sum in the special reserve which has been taken into account for the purposes of reserve fund in terms of sub-section (1), shall be made by such housing finance institution except for the purpose as may be [1][specified by the Reserve Bank] from time to time and every such appropriation shall be [2][reported to the National Housing Bank and the Reserve Bank] within twenty-one days from the date of such withdrawal: 3[Provided that the National Housing Bank or the Reserve Bank] may, in any particular case and for sufficient cause being shown, extend the period of twenty-one days by such further period as it thinks fit or condone any delay in making such report. (3) Notwithstanding anything contained in sub-section (1), the Central Government may, on the recommendation of [4][the Reserve Bank] and having regard to the adequacy of the paid-up capital and reserves of a housing finance institution which is a company in relation to its deposit liabilities, declare by order in writing that the provisions of sub-section (1) shall not be applicable to such housing finance institution for such period as may be specified in the order: Provided that no such order shall be made unless the amount in the reserve fund under sub-section (1), together with the amount in the share premium account, is not less than the paid-up capital of the housing finance institution.] 5[30. Reserve Bank to regulate or prohibit issue of prospectus or advertisement soliciting **deposits of money—The Reserve Bank may, if it considers necessary in the public interest so to do, by** general or special order,— (a) regulate or prohibit the issue by any housing finance institution which is a company of any prospectus or advertisement soliciting deposits of money from the public; and (b) specify the conditions subject to which any such prospectus or advertisement, if not prohibited, may be issued.] **[6][30A. Power of Reserve Bank to determine policy and issue directions—(1) If the Reserve Bank** is satisfied that, in the public interest or to regulate the housing finance system of the country to its advantage or to prevent the affairs of any housing finance institution which is a company being conducted in a manner detrimental to the interest of the depositors or in a manner prejudicial to the interest of such housing finance institutions, it is necessary or expedient so to do, it may determine the policy and give directions to all or any of the housing finance institution which is a company relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balance-sheet items and also relating to deployment of funds by a housing finance institution which is a company or a group of such housing finance institutions or housing finance institutions which are companies generally, as the 1. Subs. by Act 23 of 2019, s. 156, for “specified by the National Housing Bank” (w.e.f. 9-8-2019). 2. Subs. by s. 156, ibid., for “reported to the National Housing Bank” (w.e.f. 9-8-2019). 3. Subs. by s. 156, ibid., for “Provided that the National Housing Bank” (w.e.f. 9-8-2019). 4. Subs. by s. 156, ibid., for “the National Housing Bank” (w.e.f. 9-8-2019). 5. Subs. by s. 157, ibid., for section 30 (w.e.f. 9-8-2019). 6. Subs. by s. 158, ibid., for section 30A (w.e.f. 9-8-2019). 17 ----- case may be, and such housing finance institutions shall be bound to follow the policy so determined and the direction so issued. (2) Without prejudice to the generality of the powers vested under sub-section (1), the Reserve Bank may give directions to housing finance institutions which are companies generally or to a group of such housing finance institutions or to any housing finance institution which is a company in particular as to— (a) the purpose for which advances or other fund-based or non-fundbased accommodation may not be made; and (b) the maximum amount of advances or other financial accommodation or investment in shares and other securities which, having regard to the paid-up capital, reserves and deposits of the housing finance institution and other relevant considerations, may be made by that housing finance institution to any person or a company or to a group of companies. (3) The Reserve Bank may, if it considers necessary in the public interest so to do, issue directions to housing finance institutions which are companies accepting deposits referred to in section 31, either generally or to any group of such housing finance institutions accepting deposits, and in particular, in respect of any matters relating to, or connected with, the receipt of deposits, including credit rating of the housing finance institution which is a company accepting deposits, the rates of interest payable on such deposits, and the periods for which deposits may be received. (4) If any housing finance institution which is a company accepting deposits fails to comply with any direction issued under sub-section (3), the Reserve Bank may, by order, prohibit the acceptance of deposits by that housing finance institution.] **1[31. Power of National Housing Bank to collect information from housing finance institutions** **as to deposits.—(1) The National Housing Bank may at any time direct that every housing finance** institution which is a company accepting deposits shall furnish to the National Housing Bank and the Reserve Bank in such form, at such intervals and within such time, such statements, information or particulars relating to or connected with deposits received by such housing finance institution, as may be specified by the National Housing Bank by general or special order. (2) Without prejudice to the generality of the power vested in the National Housing Bank under sub-section (1), the statements, information or particulars to be furnished under sub-section (1), may relate to all or any of the following matters, namely, the amount of the deposits, the purposes and periods for which, and the rates of interest and other terms and conditions on which, such deposits are received. (3) Every housing finance institution which is a company receiving deposits, shall, if so required by the National Housing Bank and within such time as the National Housing Bank may specify, cause to be sent at the cost of such housing finance institution, a copy of its annual balance-sheet and profit and loss account or other annual accounts to every person from whom the housing finance institution which is a company holds, as on the last day of the year to which the accounts relate, deposits higher than such sum as may be specified by the National Housing Bank.] 2[32. Duty of housing finance institutions to furnish statements, etc., under this Chapter.—Every housing finance institution which is a company shall furnish the statements, information or particulars called for by the National Housing Bank or the Reserve Bank, as the case may be, and shall comply with any direction given to it under the provisions of this Chapter.] **33. Powers and duties of auditors.—(1) The auditor of every [3][housing finance institution which is a** company] shall enquire whether or not the housing finance institution has furnished to [4][the National Housing Bank and the Reserve Bank] such statements, information or particulars relating to or connected with deposits received by it, as are required to be furnished under this Chapter, and the auditor shall, except where he is satisfied on such enquiry that the [3][housing finance institution which is a company] has furnished such statements, information or particulars, make a report to [4][the National Housing Bank and the Reserve Bank] giving the aggregate amount of such deposits held by the [3][housing finance institution which is a company]. 1. Subs. by Act 23 of 2019, s. 159, for section 31 (w.e.f. 9-8-2019). 2. Subs. by s. 160, ibid., for section 32 (w.e.f. 9-8-2019). 3. Subs. by s. 161, ibid., for “housing finance institution” (w.e.f. 9-8-2019). 4. Subs. by s. 161, ibid., for “the National Housing Bank” (w.e.f. 9-8-2019). 18 ----- 1[(1A) The 2[Reserve Bank] may, on being satisfied that it is necessary so to do, in the public interest or in the interest of the depositors or for the purpose of proper assessment of the books of account, issue directions to any housing finance institution or any group of housing finance institutions or housing finance companies generally or to the auditors of such housing finance institution or institutions relating to balance-sheet, profit and loss account, disclosure of liabilities in the books of account or any matter relating thereto.] (2) Where, in the case of a housing finance institution, being a company, the auditor has made, or intends to make a report to [3][the National Housing Bank and the Reserve Bank] under sub-section (1), he shall include in his report under [4][sub-section (2) of section 143 of the Companies Act, 2013 (18 of 2013)], the contents of the report which he has made, or intends to make, to [3][the National Housing Bank and the Reserve Bank]. 5[(3) Where the National Housing Bank is of the opinion that it is necessary so to do in the public interest or in the interest of the housing finance institution or in the interest of the depositors of such institution, [6][it may at any time and shall, on being directed to do so by the Reserve Bank,] by order, direct that a special audit of the accounts of the housing finance institution in relation to any such transaction or class of transactions or for such period or periods, as may be specified in the order, shall be conducted and the National Housing Bank may appoint an auditor or auditors to conduct such special audit and direct the auditor or the auditors to submit the report to it. (4) The remuneration of the auditors as may be fixed by the National Housing Bank, having regard to the nature and volume of work involved in the audit and the expenses of or incidental to the audit, shall be borne by the housing finance institution so audited.] **[7][ [8][33A. Power of Reserve Bank to prohibit acceptance of deposit and alienation of assets.—(1)** If any housing finance institution which is a company violates the provisions of any section or fails to comply with any direction or order given by the National Housing Bank or the Reserve Bank, under any of the provisions of this Chapter, the Reserve Bank may, by order, prohibit such housing finance institution from accepting any deposit. (2) Notwithstanding anything to the contrary contained in any agreement or instrument or any law for the time being in force, the Reserve Bank on being satisfied that it is necessary so to do in the public interest or in the interest of the depositors, may direct the housing finance institution which is a company, against which an order prohibiting from accepting deposit has been issued, not to sell, transfer, create charge or mortgage or deal in any manner with its property and assets without prior written permission of the National Housing Bank for such period not exceeding six months from the date of the order.] **33B. Power of National Housing Bank to file winding up petition.—(1) The National Housing** Bank, on being satisfied that a housing finance institution which is a company,— (a) is unable to pay its debt; or (b) has by virtue of the provisions of section 29A become disqualified to carry on the business of a housing finance institution; or (c) has been prohibited by [9][the National Housing Bank or the Reserve Bank] from receiving deposit by an order and such order has been in force for a period of not less than three months; or (d) the continuance of the housing finance institution is detrimental to the public interest or to the interest of depositors of the company, may file an application for winding up of such housing finance institution under the [10][Companies Act, 2013 (18 of 2013)]. 1. Ins. by Act 15 of 2000, s. 16 (w.e.f. 12-6-2000). 2. Subs. by Act 23 of 2019, s. 161, for “National Housing Bank” (w.e.f. 9-8-2019). 3. Subs. by s. 161, ibid., for “the National Housing Bank” (w.e.f. 9-8-2019). 4. Subs. by Act 13 of 2018, s. 170, for “sub-section (2) of section 143 of the Companies Act, 2013 (18 of 2013)” (w.e.f. 1-6-2018). 5. Ins. by Act 15 of 2000, s. 16 (w.e.f. 12-6-2000). 6. Subs. by Act 23 of 2019, s. 161, for “it may at any time” (w.e.f. 9-8-2019). 7. Ins. by Act 15 of 2000, s. 17 (w.e.f. 12-6-2000). 8. Subs. by Act 23 of 2019, s. 162, for section 33A (w.e.f. 9-8-2019). 9. Subs. by s. 163, ibid., for “the National Housing Bank” (w.e.f. 9-8-2019). 10. Subs. by Act 13 of 2018, s. 171, for “Companies Act, 1956 (1 of 1956)” (w.e.f. 1-6-2018). 19 ----- (2) A housing finance institution which is a company shall be deemed to be unable to pay its debt if it has refused or has failed to meet within five working days any lawful demand made at any of its offices or branches and the National Housing Bank certifies in writing that such company is unable to pay its debt. (3) A copy of every application made by the National Housing Bank under sub-section (1) shall be sent to [1][the Registrar of Companies and the Reserve Bank]. (4) All the provisions of the Companies Act, 1956 (1 of 1956) relating to winding up of a company shall apply to a winding up proceeding initiated on the application made by the National Housing Bank under this provision.] **2[33C. Power to take action against auditors.—Where any auditor fails to comply with any** direction given or order made by the National Housing Bank or the Reserve Bank under section 33, the Reserve Bank may, after giving a reasonable opportunity of being heard, remove or debar the auditor from exercising the duties as auditor of any of the Reserve Bank regulated entities for a maximum period of three years, at a time.] **34. Inspection.—(1) The National Housing Bank may, [3][at any time or on being directed so to do by** the Reserve Bank, shall], cause an inspection to be made by one or more of its officers or employees or other persons (hereafter in this section referred to as the inspecting authority) of any [4][housing finance institution which is a company], for the purpose of verifying the correctness or completeness of any statement, information or particulars furnished to the National Housing Bank or for the purpose of obtaining any information or particulars which the housing finance institution has failed to furnish on being called upon to do so. (2) It shall be the duty of every director or member of any committee or other body or any person for the time being vested with the management of the whole or part of the affairs of every housing finance institution accepting deposits or other officer or employee thereof to produce to the inspecting authority all such books, accounts and other documents in his custody or power and to furnish that authority with any statement and information relating to the business of the institution as that authority may require of him, within such time as may be specified by that authority. (3) The inspecting authority may examine on oath any director or member of any committee or body or any other person for the time being vested with the management of the affairs of the housing finance institution, accepting deposits, or any officer or employee thereof, in relation to its business. 5[(4) The National Housing Bank shall submit a copy of the report of inspection referred to in sub-section (1) to the Reserve Bank.] **35. Deposits not to be solicited by unauthorised persons.—No person shall solicit on behalf of any** 6[housing finance institution which is a company] either by publishing or causing to be published any prospectus or advertisement or in any other manner deposits of money from the public unless— (a) he has been authorised in writing by the said housing finance institution to do so and specifies the name of the institution which has so authorised him; and (b) the prospectus or advertisement complies with any order made by the [7][Reserve Bank] under section 30 and with any other provision of law for the time being in force applicable to the publication of such prospectus or advertisement. 1. Subs. by Act 23 of 2019, s. 163, for “the Registrar of Companies” (w.e.f. 9-8-2019). 2. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 22-01-2024). 3. Subs. 23 of 2019, s.164, for “at any time” (w.e.f. 9-8-2019). 4. Subs. by s. 164, ibid., for “housing finance institution accepting deposits” (w.e.f. 9-8-2019). 5. Ins. by s. 164, ibid. (w.e.f. 9-8-2019). 6. Subs. by s. 165, ibid., for “housing finance institution” (w.e.f. 9-8-2019). 7. Subs. by s. 165, ibid., for “National Housing Bank” (w.e.f. 9-8-2019). 20 ----- **1[35A. Disclosure of information.—(1) Any information relating to a** 2[housing finance institution which is a company],— (a) contained in any statement or return submitted by such institution under the provisions of this Chapter; or (b) obtained through audit or inspection or otherwise by [3][the National Housing Bank or the Reserve Bank, as the case may be,] shall be treated as confidential and shall not, except otherwise provided in this section, be disclosed. (2) Nothing in this section shall apply to— (a) the disclosure by any [2][housing finance institution which is a company], with the previous permission of [3][the National Housing Bank or the Reserve Bank, as the case may be], of any information furnished to [3][the National Housing Bank or the Reserve Bank, as the case may be] under sub-section (1); (b) the publication by [3][the National Housing Bank or the Reserve Bank, as the case may be], if it considers necessary in the public interest so to do, of any information collected by it under sub-section (1) in such consolidated form as it may think fit without disclosing the name of any 2[housing finance institution which is a company] or its borrowers; (c) the disclosure by the [2][housing finance institution which is a company] or by [3][the National Housing Bank or the Reserve Bank, as the case may be] of any such information to any other 2[housing finance institution which is a company] or in accordance with the practice and usage customary amongst such institutions or as permitted or required under any other law: Provided that any such information received by a [2][housing finance institution which is a company] under this clause shall not be published except in accordance with the practice and usage customary amongst institutions or as permitted or required under any other law. (3) Notwithstanding anything contained in this Act or in any other law for the time being in force, 3[the National Housing Bank or the Reserve Bank, as the case may be], if it is satisfied that, in the public interest or in the interest of the depositors or the [2][housing finance institution which is a company] or to prevent the affairs of any [2][housing finance institution which is a company] being conducted in a manner detrimental to the interest of the depositors, it is expedient so to do, may, either on its own motion or on being requested, furnish or communicate any information relating to the conduct of business by any 2[housing finance institution which is a company] to any authority constituted under any law. (4) Notwithstanding anything contained in any other law for the time being in force, no court or tribunal or other authority shall compel [3][the National Housing Bank or the Reserve Bank, as the case may be] to produce or to give inspection of any statement or other material obtained by [3][the National Housing Bank or the Reserve Bank, as the case may be] under any provision of this Chapter. **4[35B. Power of Reserve Bank to exempt housing finance institution.—(1) The Reserve Bank, on** being satisfied that it is necessary so to do, may declare by notification that all or any of the provisions of this Chapter shall not apply to a housing finance institution which is a company or a group of such housing finance institutions either generally or for such period as may be specified, subject to such conditions, limitations or restrictions as it may think fit to impose. (2) Every notification made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.]] 1. Ins. by Act 15 of 2000, s. 18 (w.e.f. 12-6-2000). 2. Subs. by Act 23 of 2019, s. 166, for “housing finance institution” (w.e.f. 09-08-2019). 3. Subs. by s. 166, ibid., for “the National Housing Bank” (w.e.f. 09-08-2019). 4. Subs. by s. 167, ibid., for section 35B (w.e.f. 09-08-2019). 21 ----- **36. Chapter V to override other laws.—The provisions of this Chapter 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 such law. **1[36A. Power to order repayment of deposit.—(1) Every deposit accepted by a housing finance** institution which is a company unless renewed, shall be repaid in accordance with the terms and conditions of such deposit. (2) Where a housing finance institution which is a company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, such officer of the National Housing Bank, as may be authorised by the Central Government for the purpose of this section (hereinafter referred to as the “authorised officer”) may, if he is satisfied, either on his own motion or on any application of the depositor, that it is necessary so to do to safeguard the interests of the housing finance institution, the depositors or in the public interest, direct, by order, such housing finance institution to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order: Provided that the authorised officer may, before making any order under this sub-section, give a reasonable opportunity of being heard to the housing finance institution and the other persons interested in the matter. **36B. Nomination by depositors.—(1) Where a deposit is held by a housing finance institution to the** credit of one or more persons, the depositor or, as the case may be, all the depositors together may nominate, in the manner prescribed by rules made by the Central Government under section 45ZA of the Banking Regulation Act, 1949 (10 of 1949) one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the housing finance institution. (2) Notwithstanding anything contained in any other law for the time being in force, or in any deposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made purports to confer on any person the right to receive the amount of deposit from the housing finance institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the manner prescribed by rules made by the Central Government under section 45ZA of the Banking Regulation Act, 1949 (10 of 1949). (3) Where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint, in the manner prescribed by rules made by the Central Government under section 45ZA of the Banking Regulation Act, 1949 (10 of 1949), any person to receive the amount of deposit in the event of his death during the minority of the nominee. (4) Payment by a housing finance institution in accordance with the provisions of this section shall constitute a full discharge to the housing finance institution of its liability in respect of the deposit: Provided that nothing contained in this sub-section shall affect the right or claim which any person may have against the person to whom any payment is made under this section. (5) No notice of the claim of any person, other than the person or persons in whose name a deposit is held by the housing finance institution, shall be receivable by the housing finance institution, nor shall the housing finance institution be bound by any such notice even though expressly given to it: 1. Ins. by Act 15 of 2000, s. 19 (w.e.f. 12-6-2000). 22 ----- Provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a housing finance institution, the housing finance institution shall take due note of such decree, order, certificate or other authority.] 1[CHAPTER VA OTHER PROVISIONS RELATING TO HOUSING FINANCE INSTITUTIONS **36C. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “Appellate Tribunal” means the Appellate Tribunal established under section 36-I; (b) “approved institution” means— (i) a housing finance institution which has been granted a certificate of registration under sub-section (5) of section 29A; (ii) a scheduled bank; (iii) National Housing Bank acting as trustee or otherwise in a transaction of securitisation of housing mortgages undertaken by the National Housing Bank; (iv) such other institutions as the Central Government may, on the recommendation of the National Housing Bank, by notification, specify; (c) “assistance” means any direct or indirect financial assistance granted, by an approved institution during the course of any housing finance activity undertaken by it; (d) “borrower” means any person to whom any assistance has been given by an approved institution for the purposes of purchase, construction, repairs, extension or renovation of a residential house; (e) “dues” means any liability which is claimed as due from any person by an approved institution and includes interest, costs, charges and other amount payable in relation thereto; (f) “recovery officer” means an officer appointed under section 36D. **36D. Appointment of recovery officer.—(1) The Central Government may, in consultation with the** National Housing Bank, by notification appoint such persons being the officers of the approved institution, as it may deem fit, to be recovery officers for the purpose of this Chapter who shall have such qualifications as the Central Government may by rules made under this Act specify. (2) The local limits within which the recovery officer shall exercise the powers conferred and perform the duties imposed on by or under this Chapter shall be such as may be specified by the Central Government by notification. **36E. Application to the recovery officer.—(1) Where any borrower, who is under a liability to an** approved institution under an agreement, makes any default in repayment of any assistance or any instalment thereof or otherwise fails to comply with the terms of said agreement, then, without prejudice to the provisions of section 69 of the Transfer of Property Act, 1882 (4 of 1882), the approved institution may apply, to the recovery officer within the limits of whose jurisdiction the borrower actually and voluntarily resides, or carries on business, or personally works for gain, or the cause of action wholly or in part arises, for the sale of the property pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues. 1. Ins. by Act 15 of 2000, s. 20 (w.e.f. 12-6-2000). 23 ----- (2) Where an approved institution, which has to recover its dues from any borrower, has filed an application to the recovery officer under sub-section (1) and the same property is also pledged, mortgaged, hypothecated or assigned to another approved institution or person, the other approved institution or person may join the approved institution at any stage of the proceedings, before the final order is passed, by making an application to that recovery officer. (3) In the application under sub-section (1) or sub-section (2), the nature and extent of the liability of the borrower to the approved institution or person, the grounds on which it is made shall be stated and it be in such form and be accompanied by such documents or other evidence as may be prescribed. **36F. Procedure in respect of application under section 36E.—(1) On receipt of an application** under section 36E, if the recovery officer is of opinion that the borrower is under a liability to an approved institution under an agreement, or has made default in repayment of the assistance or any instalment thereof or has otherwise failed to comply with the terms of said agreement, he shall cause a written notice of demand in such form as may be prescribed to be served on the borrower, calling upon him to pay the amount specified in the notice within a period of ninety days from the date of service thereof or to show cause as to why the relief prayed for should not be granted. (2) The recovery officer may after giving the applicant and the borrower an opportunity of being heard, pass such interim or final order, including the order for payment of interest from the date on or before which payment of the amount is found due up to the date of realisation or actual payment, on the application as it thinks fit to meet the ends of justice. (3) The recovery officer may also consider and if satisfied, allow any claim of set-off or counter-claim set up by the borrower against the approved institution or person. (4) The recovery officer shall supply a copy of every order passed by it to the approved institution and the borrower. (5) The recovery officer may make an interim order (whether by way of injunction or stay or attachment) against the borrower to debar him from transferring, alienating or otherwise dealing with or disposing of, any property which is pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues. (6) The application made to the recovery officer under section 36E shall be dealt with by him as expeditiously as possible and endeavour shall be made by him to dispose of the application finally within six months from the date of receipt of the application. **36G. Enforcement of order of recovery officer.—(1) Where the borrower refuses or fails to** comply with the order within the time specified therein the recovery officer may, take possession of any property pledged, mortgaged, hypothecated or assigned to the approved institution as security for any assistance in respect of which default has been made and transfer by way of sale, lease or otherwise such property. (2) Any transfer by way of sale, lease or otherwise under this section shall be conducted in such manner as may be prescribed. (3) Any transfer of property made by the recovery officer, in exercise of its powers under sub-section (1), shall vest in the transferee all rights in or to the property transferred, as if the transfer has been made by the owner of the property. (4) Where any action has been taken against the borrower under the provisions of sub-section (1), all costs, charges, expenses which in the opinion of the recovery officer have been properly incurred by him as incidental thereto, shall be recoverable from the borrower and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and secondly, in discharge of debt, due to the approved institution, and the residue of the money so received shall be paid to the person entitled thereto. 24 ----- (5) If the dues of the approved institution, together with all costs, charges and expenses incurred by the recovery officer, are tendered to the approved institution or to the recovery officer at any time before the date fixed for sale or transfer, the property shall not be sold or transferred, and no further steps shall be taken for transfer or sale of that property. **36H. Chief Metropolitan Magistrate and District Magistrate to assist recovery officer in taking** **charge of property.—(1) Where any property is sold or leased in pursuance of any power conferred by** section 36E, the recovery officer may, for the purpose of taking into custody or under control any such property, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such property or other documents relating thereto may be situated or found to take possession thereof, and the Chief Metropolitan Magistrate or as the case may be, the District Magistrate shall, on such request being made to him,— (a) take possession of such property and documents relating thereto; and (b) forward them to the recovery officer. (2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority. **36-I. Establishment of Appellate Tribunal.—(1) The Central Government shall, by notification,** establish one or more Appellate Tribunals, to be known as the Housing Finance Institutions Debt Recovery Appellate Tribunals, to exercise the jurisdiction, powers and authority conferred on such Tribunal by or under this Act. (2) The Central Government shall also specify in the notification referred to in sub-section (1), the areas in relation to which the Appellate Tribunal may exercise jurisdiction. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Central Government may authorise the Presiding Officer of an Appellate Tribunal to discharge also the functions of the Presiding Officer of other Appellate Tribunal. **36J. Composition of Appellate Tribunal.—An Appellate Tribunal shall consist of one person only** (hereinafter referred to as the Presiding Officer of the Appellate Tribunal) to be appointed, by notification, by the Central Government. **36K. Qualifications for appointment as Presiding Officer of Appellate Tribunal.—A person shall** not be qualified for appointment as the Presiding Officer of an Appellate Tribunal, unless he— (a) is, or has been, or is qualified to be a District Judge; (b) has been a Member of the Indian Legal Service and has held a post in Grade II of that Service for at least three years. **36L. Term of office.—The Presiding Officer of an Appellate Tribunal shall hold office for a term of** five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. **36M. Staff of Appellate Tribunal.—(1) The Central Government shall provide the Appellate** Tribunal with such officers and other employees as that Government may think fit. (2) The officers and other employees of the Appellate Tribunal shall discharge their functions under the general superintendence of the Presiding Officer. 25 ----- (3) The salaries and allowances and other conditions of service of the officers and other employees of the Appellate Tribunal shall be such as the Central Government may by rules made under this Act specify. **36N. Salaries and allowances and other terms and conditions of service of Presiding** **Officers.—The salary and allowances payable to and the other terms and conditions of service (including** pension, gratuity and other retirement benefits) of, the Presiding Officer of an Appellate Tribunal shall be such as the Central Government may by rules made under this Act specify: Provided that neither the salary and allowances nor the other terms and conditions of a Presiding Officer shall be varied to his disadvantage after appointment. **36-O. Filling up of vacancies.—If, for any reason other than temporary absence, any vacancy occurs** in the office of the Presiding Officer of an Appellate Tribunal, then the Central Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy is filled. **36P. Resignation and removal.—(1) The Presiding Officer of an Appellate Tribunal may, by notice** in writing under his hand addressed to the Central Government, resign his office: Provided that the said Presiding Officer shall, unless he is permitted by the Central Government, to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earliest. (2) The Presiding Officer of an Appellate Tribunal shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehaviour or incapacity after enquiry made by a Judge of a High Court in which the Presiding Officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges. (3) The Central Government may, by rules made under this Act, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid Presiding Officer. **36Q. Orders constituting Appellate Tribunal to be final and not to invalidate its** **proceedings.—No order of the Central Government appointing any person as the Presiding Officer of an** Appellate Tribunal shall be called in question in any manner, and no act or proceeding before an Appellate Tribunal shall be called in question in any manner on the ground merely of any defect in the establishment of an Appellate Tribunal. **36R. Jurisdiction, powers and authority of Appellate Tribunal.—An Appellate Tribunal shall** exercise the jurisdiction, powers and authority to entertain appeals against any order made or deemed to have been made by the recovery officer under this Act. **36S. Appeal to the Appellate Tribunal.—(1) Any person aggrieved by an order made or deemed to** have been made by the recovery officer under this Chapter, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter. (2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made or deemed to have been made by the recovery officer is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. (3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. (4) The Appellate Tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned recovery officer. 26 ----- (5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of the receipt of the appeal. **36T. Deposit of amount due, on filing appeal.—Where an appeal is preferred by a borrower, such** appeal shall not be entertained by the Appellate Tribunal unless such person has deposited with the Appellate Tribunal seventy-five per cent. of the amount due from him as determined by the recovery officer: Provided that the Appellate Tribunal may, for the reasons to be recorded in writing, waive or reduce the amount to be deposited under this section. **36U. Procedure and powers of recovery officer and Appellate Tribunal.—(1) The recovery** officer and the Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any regulations, the recovery officer and the Appellate Tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. (2) The recovery officer and the Appellate Tribunal shall have, for the purposes of discharging their functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for default or deciding it ex parte; (g) setting aside any order of dismissal of any application for default or any order passed by it _ex parte; and_ (h) any other matter which may be prescribed. (3) Any proceeding before the recovery officer or 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 recovery officer or 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). **36V. Limitation.—The provisions of the Limitation Act, 1963 (36 of 1963) shall, as far as may be,** apply to an application made to recovery officer. **36W. Presiding Officer, recovery officer, other officers and employees to be public servant.—** The Presiding Officer, other officers and employees of an Appellate Tribunal and the recovery officer shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **36X. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings** shall lie against the Central Government or against the Presiding Officer of an Appellate Tribunal or against the recovery officer for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rule or regulation or order made thereunder. **36Y. Bar of jurisdiction.—No Court or other authority shall have, or be entitled to exercise, any** jurisdiction, powers or authority (except the Supreme Court, and a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) in relation to the matters specified in this Chapter. 27 ----- **36Z. Transitional provisions.—Notwithstanding anything contained in this Act, till the** establishment of the Appellate Tribunal under section 36-I for any area, the Appellate Tribunal established under section 8 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) and which is functioning in that area shall exercise the jurisdiction, powers and authority conferred on the Appellate Tribunal under this Act.] CHAPTER VI FUNDS, ACCOUNTS AND AUDIT **37. General Fund and other funds.—(1) With effect from such date as** [1][the Central Government] may specify, the National Housing Bank shall establish a fund to be called the General Fund and all payments by the National Housing Bank shall be made out of the said General Fund. (2) The Board may, and shall, if so directed by [1][the Central Government], create a special fund or a reserve fund or such other funds as may be prescribed. **38. Preparation of balance sheet, etc., of National Housing Bank.—(1) The balance sheet and** accounts of the National Housing Bank shall be prepared and maintained in such form and manner as may be prescribed. (2) The Board shall cause the books and accounts of the National Housing Bank to be balanced and closed as on the thirtieth day of June, each year. **39. Disposal of surplus.—After making provision for bad and doubtful debts, depreciation of assets** and all other matters for which provision is necessary or expedient or which is usually provided for by bankers, the National Housing Bank shall transfer— (i) for a period of fifteen years, following the accounting year during which the National Housing Bank is established, the amount remaining (hereafter in this section referred to as surplus) such of the funds referred to in section 37 as the Reserve Bank may specify; and (ii) after the expiry of the said period of fifteen years, the National Housing Bank shall, after making provision for the funds referred to in section 37, transfer the balance of surplus to [2][the Central Government]. **40. Audit.—(1) The accounts of the National Housing Bank shall be audited by auditors duly** qualified to act as auditors under [3][sub-section (1) of section 141 of the Companies Act, 2013 (18 of 2013)], who shall be appointed by the Reserve Bank, for such term and on such remuneration as the Reserve Bank may fix. (2) The auditors shall be supplied with a copy of the annual balance sheet of the National Housing Bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the National Housing Bank and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the National Housing Bank. (3) The auditors may, in relation to the accounts of the National Housing Bank, examine any director of the Board or any officer or other employee of the National Housing Bank and shall be entitled to require from the Board or officers or other employees of the National Housing Bank such information and explanation as they may think necessary for the performance of their duties. (4) The auditors shall make a report to the National Housing Bank upon the annual balance sheet and accounts examined by them and in every such report, they shall state whether in their opinion the balance sheet is a full and fair balance sheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the National Housing Bank and in case they had called for any explanation or information from the Board or any officer or other employee of the National Housing Bank, whether it was given and whether it was satisfactory. 1. Subs. by Act 13 of 2018, s. 172, for “the Reserve Bank” (w.e.f. 1-6-2018). 2. Subs. by s. 173, ibid., for “the Reserve Bank” (w.e.f. 1-6-2018). 3. Subs. by s. 174, ibid., for “sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 1-6-2018). 28 ----- (5) The National Housing Bank shall furnish to the Central Government and the Reserve Bank within 1[four months] from the date on which the annual accounts of the National Housing Bank are closed and balanced, a copy of its balance sheet as on the close of the relevant year together with a copy of the profit and loss account for the year and a copy of the auditors’ report and a report of the working of the National Housing Bank during that year, and the Central Government shall, as soon as may be after they are received by it, cause the same to be laid before each House of Parliament. (6) Without prejudice to anything contained in the preceding sub-sections, the Central Government may, at any time, appoint the Comptroller and Auditor-General of India to examine and report upon the accounts of the National Housing Bank and any expenditure incurred by him in connection with such examination and report shall be payable by the National Housing Bank to the Comptroller and Auditor-General of India. **41. Returns.—The National Housing Bank shall furnish, from time to time, to the Reserve Bank such** information and returns as the Reserve Bank may require. **42. Annual report on housing.—The National Housing Bank shall make an annual report to the** Central Government and the Reserve Bank on the trend and progress of housing in the country and in that report may make such suggestions as it may think necessary or expedient for the development of housing and the Central Government shall, as soon as may be after the report is received by it, cause the same to be laid before each House of Parliament. CHAPTER VII MISCELLANEOUS **43. Staff of National Housing Bank.—(1) The National Housing Bank may appoint such number of** officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. (2) The duties and conduct, terms and conditions of service and the establishment and maintenance of provident fund or any other fund for the benefit of the officers and other members of staff of the National Housing Bank shall be such as may be prescribed. (3) The National Housing Bank may depute any officer or any member of its staff for such period and on such terms and conditions as it may determine, to any institution including a housing finance institution. (4) Nothing contained in this section shall empower the National Housing Bank to depute any officer or member of its staff to any institution on any salary, emoluments or other terms and conditions which is or are less favourable to him than that or those to which he is entitled to immediately before such deputation. (5) The National Housing Bank may [2]*** receive or take on deputation any officer or other employee from any institution including a housing finance institution for such period and on such terms and conditions as it may think necessary in the interest of the National Housing Bank. 3[43A. Delegation of powers.—The Board may, by general or special order, delegate to an officer or officers of the National Housing Bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it may deem necessary.] **44. Obligation as to fidelity and secrecy.—(1) The [4][National Housing Bank or the Reserve Bank,** as the case may be,] shall not, except as otherwise required by this Act or any other law, 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 4[National Housing Bank or the Reserve Bank, as the case may be,] to divulge such information. 1. Subs. by Act 15 of 2000, s. 21, for “three months” (w.e.f. 12-6-2000). 2. The words, figures and letters “, without prejudice to the provisions of section 54AA of the Reserve Bank of India Act, 1934 (2 of 1934),” Omitted by Act 13 of 2018, s. 175 (w.e.f. 1-6-2018). 3. Ins. by Act 15 of 2000. s. 22 (w.e.f. 12-6-2000). 4. Subs. by Act 23 of 2019, s. 168, for “National Housing Bank” (w.e.f. 9-8-2019). 29 ----- (2) Every director, member of a committee, auditor, adviser, officer or other employee of the National Housing Bank or of the Reserve Bank, whose services are utilised by the National Housing Bank under the provisions of this Act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the First Schedule to this Act. 1[(3) Nothing contained in this section shall apply to the credit information disclosed under the Credit Information Companies (Regulation) Act, 2005.] **45. Defects in appointment not to invalidate acts, etc.—(1) No act or proceeding of the Board or of** any committee of the National Housing Bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be. (2) No act done by any person acting in good faith as a director of the Board or as a member of a committee of the National Housing Bank shall become invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment. **2[45A. Arrangement with National Housing Bank on appointment of directors to prevail.—(1)** Where any arrangement entered into by the National Housing Bank with a housing finance institution which is a company provides for the appointment by the National Housing Bank of one or more directors of such housing finance institution, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the 3[Companies Act, 2013 (18 of 2013)] or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to that housing finance institution, or any provision regarding share qualification, age limit, number of director-ships, 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 National Housing Bank in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall— (a) hold office during the pleasure of the National Housing Bank and may be removed or substituted by any person by order in writing of the National Housing Bank; (b) not incur any obligation or liability by reasons 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.] **46. Protection of action taken under the Act.—No suit or other legal proceeding shall lie against** 4[the National Housing Bank or the Reserve Bank] or any director or any officer or other employee of 4[the National Housing Bank or the Reserve Bank] or any other person authorised by 4[the National Housing Bank or the Reserve Bank] to discharge any functions under this Act for any loss or 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 of any other law or provision having the force of law. **47. Indemnity of directors.—(1) Every director shall be indemnified by the national Housing Bank** against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. (2) A director shall not be responsible for any other director or for any officer or other employee of the National Housing Bank or for any loss or expenses resulting to the National Housing Bank from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the National Housing Bank or the insolvency or wrongful act of any debtor or any person under obligation to the National Housing Bank or of anything done in good faith in the execution of the duties of his office in relation thereto. 1. Ins. by Act 30 of 2005, s. 34 and Schedule (w.e.f. 14-12-2006). 2. Ins. by Act 15 of 2000, s. 23 (w.e.f. 12-6-2000). 3. Subs. by Act 13 of 2018, s. 176, for “Companies Act, 1956 (1 of 1956)” (w.e.f. 1-6-2018). 4. Subs. by Act 23 of 2019, s. 169, for “the National Housing Bank” (w.e.f. 9-8-2019). 30 ----- **1[47A. Nomination in respect of deposits, bonds, etc.—(1) Notwithstanding anything contained in** any other law for the lime being in force, where a nomination in respect of any deposit, bonds or other securities is made with the National Housing Bank in the prescribed manner, the amount due on such deposits, bonds or securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title or interest of any other person to such deposits, bonds or securities. (2) Any payment made by the National Housing Bank in accordance with the provisions of sub-section (1) shall be a full discharge of its liability in respect of such deposits, bonds or securities.] **48.** [Explanation from tax on income.]—Omitted by the Finance Act, 2001 (14 _of 2001),_ _s. 141_ (w.e.f. 1-4-2002). **49. Penalties.—(1) Whoever in any return, balance sheet, or other document or in any information** required or furnished by or under or for the purposes of any provision of this Act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. 2* - - - 3[(2A) If any person contravenes the provisions of sub-section (1) of section 29A, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees. 2* - - - (2C) Whoever fails to comply with [4][any order made by the National Company Law Tribunal] under sub-section (2) of section 36A, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine of not less than rupees fifty for every day during which such non-compliance continues;] (3) If any person [1][other than an auditor]— (a) receives any deposit in contravention of any direction given or order made under Chapter V; or 5* - - - (b) issues any prospectus or advertisement otherwise than in accordance with section 35 or any order made under section 30, as the case may be; he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend,— (i) in the case of a contravention falling under clause (a), to twice the amount of the deposit received; and (ii) in the case of a contravention falling under clause (b), to twice the amount of the deposit called for by the prospectus or advertisement. 6* - - - **50. Offences by companies.—(1) Where an offence has been committed by a company, every person** who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 1. Ins. by Act 15 of 2000, s. 24 (w.e.f. 12-6-2000). 2. Sub-sections (2) and (2B) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 22-01-2024). 3. Ins. by s. 25, ibid. (w.e.f. 12-6-2000). 4. Subs. by s. 170, ibid., for “any order made by the authorised officer” (w.e.f. 9-8-2019). 5. Clause (aa) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 22-1-2024). 6. Sub-section (4) omitted by s. 2 and Schedule, ibid., (w.e.f. 22-1-2024). 31 ----- 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 had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or 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. **51. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under** this Act except upon a complaint in writing made by an officer of [1][the National Housing Bank or the Reserve Bank] generally or specially authorised in writing in this behalf by [1][the National Housing Bank or the Reserve Bank] and no court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class or a court superior thereto shall try any such offence. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Magistrate may, if he sees reason so to do, dispense with the personal attendance of the officer of [1][the National Housing Bank or the Reserve Bank] filing the complaint but the Magistrate may in his discretion, at any stage of the proceedings, direct the personal attendance of the complainant. **2[52. Application of fine.—A court imposing fine under the Act may direct that the fine, if realised** shall be applied— (a) firstly in, or towards payment of, the cost of the proceedings, and (b) secondly for repayment of the deposit to the person to whom repayment of the deposit was to be made, and on such payment, the liability of the housing finance institution to make repayment of the deposit shall, to the extent of the amount paid by the Court, stand discharged. **3[52A. Power of National Housing Bank and Reserve Bank to impose** **4[penalty].—(1)** Notwithstanding anything contained in section 49, if the contravention or default of the nature referred to in the said section is committed by a housing finance institution which is a company, the National Housing Bank or the Reserve Bank, as the case may be, may impose on such company— (a) a penalty not exceeding [5][twenty-five thousand]; or (b) where the contravention or default is under sub-section (2A) or clause (a) [6]*** of sub-section (3) of that section, a penalty not exceeding [7][ten lakh] rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more; and where such contravention or default is a continuing one, further penalty which may extend to [8][one lakh] rupees for every day, after the first, during which the contravention or default continues. 9[(1A) If any person or housing finance institution which is a company fails to produce any book, account or other document, or to furnish any statement or information, which, under the provisions of this Act, is the duty of such person or housing finance institution to produce or furnish, the National Housing 1. Subs. by Act 23 of 2019, s. 171, for “the National Housing Bank,” (w.e.f. 9-8-2019). 2. Subs. by Act 15 of 2000, s. 26, for section 52 (w.e.f. 12-6-2000). 3. Subs. by Act 23 of 2019, s. 172, for section 52A (w.e.f. 9-8-2019). 4. Subs. by Act 18 of 2023, s. 2 and Schedule, for “fine” (w.e.f. 22-1-2024). 5. Subs. by s. 2 and Schedule, ibid., for “five thousand” (w.e.f. 22-1-2024). 6. The word, brackets and letters “or clause (aa)” omitted by s. 2 and Schedule, ibid., (w.e.f. 22-1-2024). 7. Subs. by s. 2 and Schedule, ibid., for “five lakh” (w.e.f. 22-1-2024). 8. Subs. by s. 2 and Schedule, ibid., for “twenty-five thousand” (w.e.f. 22-1-2024). 9. Ins. by s. 2 and Schedule, ibid., (w.e.f. 22-1-2024). 32 ----- Bank or the Reserve Bank, as the case may be, may impose on such person or housing finance institution, a penalty not exceeding one lakh fifty thousand rupees in respect of each contravention or default and where such contravention or default is a continuing one, further penalty which may extend to seven thousand five hundred rupees for every day, after the first, during which the contravention or default continues. (1B) If any auditor fails to comply with any direction given or order made by the National Housing Bank or the Reserve Bank under section 33, the National Housing Bank or the Reserve Bank, as the case may be, may impose on such person a penalty not exceeding ten lakh rupees. (1C) If any person (other than an auditor) or housing finance institution which is a company fails to comply with any direction given or order made by the National Housing Bank or the Reserve Bank under any of the provisions of Chapter V, the National Housing Bank or the Reserve Bank, as the case may be, may impose on such person or housing finance institution, a penalty not exceeding ten lakh rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more; and where such contravention or default is a continuing one, further penalty which may extend to one lakh rupees for every day, after the first, during which the contravention or default continues. (1D) If any other provision of this Act is contravened or if any default is made in complying with any other requirement of this Act, or of any order, regulation or direction made or given or condition imposed thereunder, the National Housing Bank or the Reserve Bank, as the case may be, may impose on any person or housing finance institution which is a company, guilty of such contravention or default, a penalty not exceeding one lakh rupees in respect of each contravention or default and where such contravention or default is a continuing one, further penalty which may extend to ten thousand rupees for every day, after the first, during which the contravention or default continues.] (2) For the purpose of imposing penalty under [1][this section], the National Housing Bank or the Reserve Bank, as the case may be, shall serve a notice on the [2][person or housing finance institution] which is a company requiring it to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall also be given to such [2][person or housing finance institution.] (3) Any penalty imposed by the National Housing Bank or the Reserve Bank, as the case may be, under this section shall be payable within a period of thirty days from the date on which notice issued by the National Housing Bank or the Reserve Bank, as the case may be, demanding payment of the sum is 3[served on the person or housing finance institution] which is a company and, in the event of 4[failure of such person or housing finance institution] to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in [5][the area where such person ordinarily resides or, as the case may be, the registered office] or the head office of such housing finance institution is situated: Provided that no such direction shall be made, except on an application made by an officer of the National Housing Bank or the Reserve Bank, as the case may be, authorised in this behalf, to the principal civil court. (4) The court which makes a direction under sub-section (3), shall issue a certificate specifying the sum payable by the [6][person or] housing finance institution which is a company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit. (5) No complaint shall be filed against any housing finance institution which is a company in any court of law pertaining to any contravention or default in respect of which any penalty has been imposed by the National Housing Bank or the Reserve Bank, as the case may be, under this section. 1. Subs. by Act 18 of 2023, s. 2 and Schedule, for “sub-section (1)” (w.e.f. 22-1-2024). 2. Subs. by s. 2 and Schedule, ibid., for “housing finance institution” (w.e.f. 22-1-2024). 3. Subs. by s. 2 and Schedule, ibid., for “served on the housing finance institution” (w.e.f. 22-1-2024). 4. Subs. by s. 2 and Schedule, ibid., for “failure of such housing finance institution” (w.e.f. 22-1-2024). 5. Subs. by s. 2 and Schedule, ibid., for “the area where the registered office” (w.e.f. 22-1-2024). 6. Ins. by s. 2 and Schedule, ibid., (w.e.f. 22-1-2024). 33 ----- (6) Where any complaint has been filed against a housing finance institution which is a company in a court in respect of contravention or default of the nature referred to in section 49, no proceedings for imposition of penalty against such housing finance institution shall be taken under this section.] **53. Bankers’ Books Evidence Act 18 of 1891, to apply in relation to National Housing** **Bank.—The Bankers’ Books Evidence Act, 1891, shall apply in relation to the National Housing Bank as** if it were a bank as defined in section 2 of that Act. **54. Liquidation of National Housing Bank.—No provision of law relating to the winding up of** companies shall apply to the National Housing Bank and the National Housing Bank shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct. **1[54A. Power to make rules.—(1) The Central Government may, by notification, make rules to carry** out the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) qualifications for appointment as a recovery officer under sub-section (1) of section 36D; (b) the salaries and allowances and other terms and conditions of service of the officers and other employees of the Appellate Tribunal under sub-section (3) of section 36M; (c) the salaries and allowances and other terms and conditions of service of the Presiding Officers of the Appellate Tribunal under section 36N; and (d) the procedure for the investigation of misbehaviour or incapacity of the Presiding Officers of the Appellate Tribunals under sub-section (3) of section 36P.] **55. Power of the Board to make regulations.—(1) The Board may, with the previous approval of** 2*** the Central Government, by notification, make regulations not inconsistent with this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the fees and allowances that may be paid to the directors for attending the meetings of the Board or its committees under sub-section (5) of section 7; 3[(aa) the manner in which directors shall be elected under clause (ca) of sub-section (1) of section 6;] (b) the times and places at which the Board may meet, and the rules of procedure that may be followed in regard to the transaction of business under sub-section (1) of section 11; (c) the number of members that the Executive Committee may consist, the functions that it may discharge and times and places at which it shall meet and the rules of procedure that it may follow in the transaction of business under section 12; (d) the manner and terms of issue and redemption of bonds and debentures under clause (a) of sub-section (1) of section 15; (e) the manner in which and the conditions subject to which the National Housing Bank may borrow in foreign currency under sub-section (1) of section 16; (f) the form in which the statements, information, etc., is to be furnished under section 32; 3[(fa) the form of application to be made under section 36E and the documents to be annexed to such application; (fb) the form in which notice of demand is required to be served on the borrower under sub-section (1) of section 36F; (fc) the manner in which the property shall be transferred under sub-section (2) of section 36G; 1. Ins. by Act 15 of 2000, s. 27 (w.e.f. 12-6-2000). 2. The words “the Reserve Bank and in consultation with” omitted by Act 13 of 2018, s. 177 (w.e.f. 1-6-2018). 3. Ins. by Act 15 of 2000, s. 28 (w.e.f. 12-6-2000). 34 ----- (fd) the form in which the appeal can be filed with the Appellate Tribunal under section 36S and the amount of fee required to be deposited with such appeal;] (g) the special fund, reserve fund and other funds to be created under sub-section (2) of section 37; (h) the form and manner in which the balance-sheet and accounts shall be prepared and maintained under sub-section (1) of section 38; (i) the duties and conduct, salaries, allowances and conditions of service of the officers and other members of staff of the National Housing Bank under section 43; (j) the establishment and maintenance of provident fund and any other fund for the benefit of officers and other members of staff of the National Housing Bank under section 43; and [1][(ja) the manner in which nomination may be made under sub-section (1) of section 47A;] (k) any other matter which is to be, or may be, prescribed. (3) Any regulation which may be made by the Board under this Act may be made [2]*** in consultation with the Central Government, before the expiry of three months from the date of establishment of the National Housing Bank, and any regulation so made may be altered and rescinded by the Board in the exercise of its powers under this Act. (4) The power to make regulations conferred by this section shall include the power to give retrospective effect to the regulations or any of them from a date not earlier than the date of commencement of this Act, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable. (5) The Central Government shall cause every [3][rules, regulation or scheme] 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 [3][rules, regulation or scheme] or both Houses agree that the [3][rules, regulation or scheme] should not be made, the[ 3][rules, regulation or scheme] shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that [3][rules, regulation or scheme.] **56. [Amendment of certain enactments.]—Rep. by Repealing and Amending Act 2001, (30 of 2001),** _s. 2 and the First Schedule (w.e.f. 3-9-2001)._ **57. 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 three years from the commencement of this Act. 1. Ins. by Act 15 of 2000, s. 28 (w.e.f. 12-6-2000). 2. The words “by the Reserve Bank,” omitted by Act 13 of 2018, s. 177 (w.e.f. 1-6-2018). 3. Subs. by Act 15 of 2000, s. 28, for “regulation or scheme” (w.e.f. 12-6-2000). 35 ----- THE FIRST SCHEDULE [See section 44(2)] DECLARATION OF FIDELITY AND SECRECY I, .......... do hereby declare that I will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as director, member of the..................... committee, auditor, advisor, officer or other employee (as the case may be) of the National Housing Bank and which properly relate to the office or position held by me in or in relation to the said National Housing Bank. I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the National Housing 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 National Housing Bank and relating to the business of the said National Housing Bank or the business of any person having any dealing with the said National Housing Bank. Signed before me. (Signature) ______ 36 ----- [The Second Schedule.] —Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and the _First Schedule (w.e.f. 3-9-2001)._ __________ 37 ----- 1[THE THIRD SCHEDULE (See section 16A) DECLARATION REFERRED TO IN SECTION 16A OF THE NATIONAL HOUSING BANK ACT, 1987 Place Date: I/we ______________________ hereby declare that in consideration of the assistance sanctioned by the National Housing Bank to me/us at my/our request, as specified in the Annexure hereto, I/we agree that the immovable property specified in the said Annexure shall constitute security for the said assistance and I/we further agree that the dues relating to the assistance mentioned above, shall, on and from the date of these presents, be a charge on the said immovable property. 1. Signed and delivered by ………………………….. (Borrower) 2. Signed and delivered by ..................................... (Surety) ANNEXURE I. Details of assistance. II. Particulars of immovable property.] 1. Added by Act 15 of 2000, s. 29 (w.e.f. 12-6-2000). 38 -----

23-Dec-1987

54

The Railway Claims Tribunal Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1771/1/AA1987___54railway.pdf

central

THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 _________ ARRANGEMENT OF SECTIONS Last updated: 20-9-2021 ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL AND BENCHES THEREOF 3. Establishment of Railway Claims Tribunal. 4. Composition of Claims Tribunal and Benches thereof. 5. Qualifications for appointment as Chairman, Vice-Chairman or other Member. 6. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances. 7. Term of office. 8. Resignation and removal. 9. Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members. 9A. Qualifications terms and conditions of service of Chairman, Vice-Chairman and Member. 10. Provision as to the holding of offices by Chairman, Vice-Chairman, etc., on ceasing to be such Chairman or Vice-Chairman, etc. 11. Financial and administrative powers of Chairman. 12. Staff of Claims Tribunal. CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF CLAIMS TRIBUNAL 13. Jurisdiction, powers and authority of Claims Tribunal. 14. Distribution of business amongst Benches. 15. Bar of jurisdiction. CHAPTER IV PROCEDURE 16. Application to Claims Tribunal. 17. Limitation. 18. Procedure and powers of Claims Tribunal. 19. Right to legal representation and presenting officers. 1 ----- SECTIONS 20. Power of Chairman to transfer cases from one Bench to another. 21. Decision to be by majority. 22. Execution of orders of Claims Tribunal. CHAPTER V APPEALS 23. Appeals. CHAPTER VI MISCELLANEOUS 24. Transfer of pending cases. 25. Proceedings before Claims Tribunal to be judicial proceedings. 26. Members and staff of Claims Tribunal to be public servants. 27. Protection of action taken in good faith. 28. Act to have overriding effect. 29. Power to remove difficulties. 30. Power to make rules. Chapter VII.—Amendments to the Railways Act. [Repealed.] 2 ----- # THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 ACT NO. 54 OF 1987 [23rd December, 1987.] # An Act to provide for the establishment of a Railway Claims Tribunal for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents [1][or untoward incidents] and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Railway Claims** Tribunal Act, 1987. (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, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “application” means an application made under section 16; (b) “appointed day” means the date with effect from which the Claims Tribunal is established under section 3; (c) “Bench” means a Bench of the Claims Tribunal; (d) “Chairman” means the Chairman of the Claims Tribunal; (e) “Claims Tribunal” means the Railway Claims Tribunal established under section 3; (f) “Judicial Member” means a Member of the Claims Tribunal appointed as such under this Act, and includes the Chairman or Vice-Chairman who possesses any of the qualifications specified in sub-section (3) of section 5; (g) “Member” means a Member (whether Judicial or Technical) of the Claims Tribunal, and includes the Chairman and Vice-Chairman; (h) “notification” means a notification published in the Official Gazette; (i) “prescribed” means prescribed by rules; (j) “Railways Act” means the Indian Railways Act, 1890 (9 of 1890); (k) “rules” means rules made under this Act; (l) “Technical Member” means a Member of the Claims Tribunal who is not a Judicial Member, and includes the Chairman or a Vice-Chairman who possesses any of the qualifications specified in sub-section (4) of section 5; (m) “Vice-Chairman” means a Vice-Chairman of the Claims Tribunal. _Explanation.—References to the Vice-Chairman in this Act shall be construed as references to_ each of the Vice-Chairman; 1. Ins. by Act 28 of 1994, s. 7 (w.e.f. 1-8-1994). 2. 8th November, 1989, vide notification No. S.O. 783(E), dated 5th October, 1989, see Gazette of India, Extraordinary, Part II, sec, 3(ii). 3 ----- 1[(n) “untoward incident” shall have the meaning assigned to it in clause (c) of section 123 of the Railways Act, 1989;] 2[(o)] words and expressions used and not defined in this Act but defined in the Railways Act or the rules made thereunder shall have the meanings respectively assigned to them in that Act or the said rules. CHAPTER II ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL AND BENCHES THEREOF **3. Establishment of Railway Claims Tribunal.—The Central Government shall, by notification,** establish a Claims Tribunal, to be known as the Railway Claims Tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this Act [3][and under Chapter VII of the Railways Act, 1989 (24 of 1989)]. **4. Composition of Claims Tribunal and Benches thereof.—(1) The Claims Tribunal shall consist** of a Chairman, four Vice-Chairmen and such number of Judicial Members and Technical Members as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Claims Tribunal may be exercised by Benches thereof. (2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Technical Member. (3) Notwithstanding anything contained in sub-section (1), the Chairman— (a) may, in addition to discharging the functions of the Judicial Member or the Technical Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other Bench; (b) may transfer a Vice-Chairman or other Member from one Bench to another Bench; (c) may authorise the Vice-Chairman or the Judicial Member or the Technical Member appointed to one Bench to discharge also the functions of the Vice-Chairman or, as the case may be, the Judicial Member or the Technical Member of another Bench. (4) Notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the Chairman or any other Member authorised by the Chairman in this behalf to function as a Bench consisting of a single Member and exercise the jurisdiction, powers and authority of the Claims Tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the Chairman may, by general or special order, specify: Provided that if at any stage of the hearing of any such case or matter, it appears to the Chairman or such Member that the case or matter is of such a nature that it ought to be heard by a Bench consisting of two Members, the case or matter may be transferred by the Chairman or, as the case may be, referred to him for transfer, to such Bench as the Chairman may deem fit. (5) Subject to the other provisions of this Act, the Benches shall sit at such places as the Central Government may, by notification, specify. **5. Qualifications for appointment as Chairman, Vice-Chairman or other Member.—(1) A** person shall not be qualified for appointment as the Chairman unless he— (a) is, or has been, a Judge of a High Court; or (b) has, for at least two years, held the office of a Vice-Chairman. (2) A person shall not be qualified for appointment as the Vice-Chairman unless he— (a) is, or has been, or is qualified to be, a Judge of a High Court; or 1. Ins. by Act 28 of 1994, s. 8 (w.e.f. 1-8-1994). 2. Clause (n) re-lettered as clause (o) thereof by s. 8, ibid. (w.e.f. 1-8-1994). 3. Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017). 4 ----- (b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years; or (c) has, for at least five years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India; or (d) has, for at least five years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways; or (e) has, for a period of not less than three years, held office as a Judicial Member or a Technical Member. (3) A person shall not be qualified for appointment as a Judicial Member unless he— (a) is, or has been, or is qualified to be, a Judge of a High Court; or (b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or (c) has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India. (4) A person shall not be qualified for appointment as a Technical Member unless he has, for at least three years, held a post under a railway administration carrying a scale of pay which is not less than that of a Joint Secretary to the Government of India and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways. (5) Subject to the provisions of sub-section (6), the Chairman, Vice-Chairman and every other Member shall be appointed by the President. (6) No appointment of a person as the Chairman shall be made except after consultation with the Chief Justice of India. **6. Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances.—(1) In** the event of the occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, such one of the Vice-Chairman as the Central Government may, by notification, authorise in this behalf, 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. (2) When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, such one of the Vice-Chairmen as the Central Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties. **7. Term of office.—The Chairman, Vice-Chairman or other Member shall hold office as such for a** term of five years from the date on which he enters upon his office or until he attains,— (a) in the case of the Chairman, the age of sixty-five years; and (b) in the case of the Vice-Chairman or any other Member, the age of sixty-two years, whichever is earlier. **8. Resignation and removal.—(1) The Chairman, Vice-Chairman or other Member may, by notice** in writing under his hand addressed to the President, resign his office: Provided that the Chairman, Vice-Chairman or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. (2) The Chairman, Vice-Chairman or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry 5 ----- made by a Judge of the Supreme Court in which such Chairman, Vice-Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member referred to in sub-section (2). **9. Salaries and allowances and other terms and conditions of service of Chairman,** **Vice-Chairman and other Members.—The salaries and allowances payable to, and the other terms and** conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman, Vice-Chairman or other Members shall be varied to his disadvantage after his appointment. 1[9A. Qualifications, terms and conditions of service of Chairman, Vice-Chairman and **Member.—Notwithstanding anything contained in this Act, the qualifications, appointment, term of** office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairman, Vice-Chairman and other Members of the Tribunal appointed after the commencement of [2][the Tribunals Reforms Act, 2021, shall be governed by the provisions of Chapter II of the said Act]: Provided that the Chairman, Vice-Chairman and Members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 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.] **10. Provision as to the holding of offices by Chairman, Vice-Chairman, etc., on ceasing to be** **such Chairman or Vice-Chairman, etc.—On ceasing to hold office—** (a) the Chairman of the Claims Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State; (b) a Vice-Chairman shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman of the Claims Tribunal, or as the chairman, vice-chairman or member of any other Tribunal established under any law for the time being in force, but not for any other employment either under the Government of India or under the Government of a State; (c) a Member (other than the Chairman or Vice-Chairman) shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Vice-Chairman or as the chairman, vice-chairman or member of any other Tribunal established under any law for the time being in force, but not for any other employment either under the Government of India or under the Government of a State; (d) the Chairman, Vice-Chairman or other Member shall not appear, act or plead before the Claims Tribunal. _Explanation.—For the purposes of this section, employment under the Government of India or under_ the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation or society owned or controlled by the Government. **11. Financial and administrative powers of Chairman.—The Chairman shall exercise such** financial and administrative powers over the Benches as may be vested in him under the rules: Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to the Vice-Chairman or any other officer of the Claims Tribunal, subject to 1. Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017). 2. Subs. by Act 33 of 2021, s. 16, for “Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act” (w.e.f. 4-4-2021). 6 ----- the condition that the Vice-Chairman or such officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman. **12. Staff of Claims Tribunal.—(1) The Central Government shall determine the nature and categories of** the officers and other employees required to assist the Claims Tribunal in the discharge of its functions and provide the Claims Tribunal with such officers and other employees as it may think fit. (2) The officers and other employees of the Claims Tribunal shall discharge their functions under the general superintendence of the Chairman. (3) The salaries and allowances and conditions of service of the officers and other employees of the Claims Tribunal shall be such as may be prescribed. CHAPTER III JURISDICTION, POWERS AND AUTHORITY OF CLAIMS TRIBUNAL **13. Jurisdiction, powers and authority of Claims Tribunal.—(1) The Claims Tribunal shall exercise,** on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately before that day by any civil court or a Claims Commissioner appointed under the provisions of the Railways Act,— (a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for— (i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway; (ii) compensation payable under section 82A of the Railways Act or the rules made thereunder; and (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway. 1[(1A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now payable by the railway administration under section 124A of the said Act or the rules made thereunder.]; 2[(1B) The Claims Tribunal shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the Railways Act, 1989.] (2) The provisions of the [3][Railways Act, 1989 (24 of 1989)] and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act. **14. Distribution of business amongst Benches.—(1) Where any Benches are constituted, the Central** Government may, from time to time, by notification, make provisions as to the distribution of the business of the Claims Tribunal amongst the Benches and specify the matters which may be dealt with by each Bench. (2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench, the decision of the Chairman shall be final. _Explanation.—For the removal of doubts, it is hereby declared that the expression “matters” includes an_ application under section 20. **15. Bar of jurisdiction.—On and from the appointed day, no court or other authority shall have, or be** entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in 4[sub-sections (1), (1A) and (1B)] of section 13. CHAPTER IV PROCEDURE **16. Application to Claims Tribunal.—(1) A person seeking any relief in respect of the matters** referred to in sub-section (1) [5][or sub-section (1A)] of section 13 may make an application to the Claims Tribunal. 1. Ins. by Act 28 of 1994, s. 9 (w.e.f. 1-8-1994). 2. Ins. by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017). 3. Subs. by Act 28 of 1994, s. 9, for “Railways Act” (w.e.f 1-8-1994). 4. Subs. by Act 7 of 2017, s. 162, for “sub-sections (1) and (1A)” (w.e.f. 26-5-2017). 5. Ins. by Act 28 of 1994, s. 11 (w.e.f. 1-8-1994). 7 ----- (2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed: Provided that no such fee shall be payable in respect of an application under sub-clause (ii) of clause (a) of sub-section (1) [1][or, as the case may be, sub-section (1A)] of section 13. **17. Limitation.—(1) The Claims Tribunal shall not admit an application for any claim—** (a) under sub-clause (i) of clause (a) of sub-section (1) of section 13 unless the application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by railway; (b) under sub-clause (ii) of clause (a) of sub-section (1)[ 2][or, as the case may be, sub-section (1A)] of section 13 unless the application is made within one year of occurrence of the accident; (c) under clause (b) of sub-section (1) of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration: Provided that no application for any claim referred to in sub-clause (i) of clause (a) of sub-section (1) of section 13 shall be preferred to the Claims Tribunal until the expiration of three months next after the date on which the intimation of the claim has been preferred under section 78B of the Railways Act. (2) Notwithstanding anything contained in sub-section (1), an application may be entertained after the period specified in sub-section (1) if the applicant satisfies the Claims Tribunal that he had sufficient cause for not making the application within such period. **18. Procedure and powers of Claims Tribunal.—(1) The Claims Tribunal shall not be bound by the** procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Claims Tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry. (2) The Claims Tribunal shall decide every application as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents, written representations and affidavits and after hearing such oral arguments as may be advanced. (3) The Claims Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing an application for default or deciding it ex parte; (h) setting aside any order of dismissal of any application for default or any order passed by it _ex parte;_ (i) any other matter which may be prescribed. 1. Ins. by Act 28 of 1994, s.11 (w.e.f. 1-8-1994). 2. Ins. by s. 12, ibid. (w.e.f. 1-8-1994). 8 ----- **19. Right to legal representation and presenting officers.—(1) A person making an application to** the Claims Tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Claims Tribunal. (2) A railway administration may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before the Claims Tribunal. **20. Power of Chairman to transfer cases from one Bench to another.—On the application of any** of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench. **21. Decision to be by majority.—If the Members of a Bench differ in opinion on any point, they** shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it. **22. Execution of orders of Claims Tribunal.—(1) An order made by the Claims Tribunal under this** Act shall be executable by the Claims Tribunal as a decree of civil court and, for this purpose, the Claims Tribunal shall have all the powers of a civil court. (2) Notwithstanding anything contained in sub-section (1), the Claims Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. CHAPTER V APPEALS **23. Appeals.—(1) Save as provided in sub-section (2) and notwithstanding anything contained in the** Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie from every order, not being an interlocutory order, of the Claims Tribunal, to the High Court having jurisdiction over the place where the Bench is located. (2) No appeal shall lie from an order passed by the Claims Tribunal with the consent of the parties. (3) Every appeal under this section shall be preferred within a period of ninety days from the date of the order appealed against. CHAPTER VI MISCELLANEOUS **24. Transfer of pending cases.—(1) Every suit, claim or other legal proceeding** (other than an appeal) pending before any court, Claims Commissioner or other authority immediately before the appointed day, [1][[2][or the date of commencement of the provisions of sub-section (1A), or, as the case may be the date of commencement of the provisions of sub-section (1B)] of section 13] being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, [1][[2][or the date of commencement of the provisions of sub-section (1A), or, as the case may be the date of commencement of the provisions of sub-section (1B)] of section 13] within the jurisdiction of the Claims Tribunal, shall stand transferred on [3][that day or, as the case may be, date] to the Claims Tribunal. (2) Where any suit, claim or other legal proceeding stands transferred from any court, Claims Commissioner or other authority to the Claims Tribunal under sub-section (1),— 1. Ins. by Act 28 of 1994, s. 13 (w.e.f. 1-8-1994). 2. Subs. by Act 7 of 2017, s. 162, for “or, as the case may be, the date of commencement of the provisions of sub-section (1A)” (w.e.f. 26-5-2017). 3. Subs. by Act 28 of 1994, s. 13, for “that day” (w.e.f. 1-8-1994). 9 ----- (a) the court, Claims Commissioner or other authority shall, as soon as may be after such transfer, forward the records of such suit, claim or other legal proceeding to the Claims Tribunal; (b) the Claims Tribunal may, on receipt of such records, proceed to deal with such suit, claim or other legal proceeding, so far as may be, in the same manner as an application, from the stage which was reached before such transfer or from any earlier stage or _de novo as the Claims Tribunal may_ deem fit. **25. Proceedings before Claims Tribunal to be judicial proceedings.—All proceedings before the** Claims Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). **26. Members and staff of Claims Tribunal to be public servants.—The Chairman, Vice-Chairman** and other Members and the officers and other employees of the Claims Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **27. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government or against the Chairman, Vice-Chairman or other Member, or any other person authorised by the Chairman, Vice-Chairman or other Member 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. **28. 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. **29. 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 after the expiry of a period of three years from the appointed day. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **30. Power to make rules.—(1) The Central Government may, by notification, make rules to carry** out the provisions of this Act. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member; (b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9; (c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11; (d) the salaries and allowances and conditions of service of officers and other employees of the Claims Tribunal under sub-section (3) of section 12; (e) the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under sub-section (2) of section 16; (f) the rules subject to which the Claims Tribunal shall have powers to regulate its own procedure under sub-section (1) of section 18 and the additional matters in which the Claims Tribunal may exercise powers of civil court under clause (i) of sub-section (3) of that section; (g) any other matter which is required to be, or may be, prescribed. 10 ----- (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 on 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[30A. Power to make rules retrospectively.—The power to make rules under clause (b) of sub-section (2) of section 30 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] [Chapter VII.—Amendments to the Railways Act.] _Rep. by the Repealing and Amending Act, 2001_ (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 1. Ins. by Act 4 of 1999, s. 2 (w.e.f. 2-1-1999). 11 -----

23-Dec-1987

52

The All India Council for Technical Education Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1880/1/198752.pdf

central

# THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987 # __________ ARRANGEMENT OF SECTIONS __________ CHAPTER PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF THE COUNCIL 3. Establishment of the Council. 4. Term of office of members. 5. Meetings of the Council. 6. Vacancies, etc., not to invalidate proceedings of the Council. 7. Temporary association of persons with the Council for particular purposes. 8. Appointment of officers and other employees of the Council. 9. Authentication of orders and other instruments of the Council. CHAPTER III POWERS AND FUNCTIONS OF THE COUNCIL 10. Functions of the Council. 11. Inspection. CHAPTER IV BODIES OF THE COUNCIL 12. Executive Committee of the Council. 13. Boards of Studies. 14. Regional Committees. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 15. Payment to the Council. 16. Fund of the Council. 17. Budget. 18. Annual report. 19. Accounts and audit. 1 ----- CHAPTER VI MISCELLANEOUS SECTIONS 20. Directions by the Central Government. 21. Power to supersede the Council. 22. Power to make rules. 23. Power to make regulations. 24. Rules and regulations to be laid before Parliament. 25. Power to remove difficulties. 2 ----- # THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION ACT, 1987 ACT NO. 52 OF 1987 [23rd December, 1987.] # An Act to provide for the establishment of an All India Council for Technical Education with a view to the proper planning and co-ordinated development of the technical education system throughout the country, the promotion of qualitative improvement of such education in relation to planned quantitative growth and the regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith. BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the All India Council for Technical** Education Act, 1987. (2) It shall come into force on such date[1] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Commission” means the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (3 of 1956); (b) “Council” means the All India Council for Technical Education established under section 3; (c) “Fund” means the Fund of the Council constituted under section 16; (d) “member” means a member of the Council and includes the Chairman and Vice-Chairman; (e) “prescribed” means prescribed by rules made under this Act; (f) “regulations” means regulations made under this Act; (g) “technical education” means programmes of education, research and training in engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programme or areas as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare; (h) “technical institution” means an institution, not being a University, which offers courses or programmes of technical education, and shall include such other institutions as the Central Government may, in consultation with the Council, by notification in the Official Gazette, declare as technical institutions; (i) “University” means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956) and includes an institution deemed to be a University under section 3 of that Act. 1. 28th March, 1988, _vide notification No. S.O. 317 (E), dated 28th March, 1988,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 3 ----- CHAPTER II ESTABLISHMENT OF THE COUNCIL **3. Establishment 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 All India Council for Technical Education. (2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to contract and shall by the said name sue and be sued. (3) The head office of the Council shall be at Delhi and the Council may, with the previous approval of the Central Government, establish offices at other places in India. (4) The Council shall consist of the following members, namely:— (a) a Chairman to be appointed by the Central Government; (b) a Vice-Chairman to be appointed by the Central Government; (c) the Secretary to the Government of India in the Ministry of the Central Government dealing with education, ex officio; (d) the Educational Adviser (General) to the Government of India, ex officio; (e) the Chairmen of the four Regional Committees, ex officio; (f) the Chairmen of,— (i) the All India Board of Vocational Education, ex officio; (ii) the All India Board of Technician Education, ex officio; (iii) the All India Board of Under-graduate Studies in Engineering and Technology, ex officio; (iv) the All India Board of Post-graduate Education and Research in Engineering and Technology, ex officio; (v) the All India Board of Management Studies, ex officio; (g) one member to be appointed by the Central Government to represent the Ministry of Finance of the Central Government; (h) one member to be appointed by the Central Government to represent the Ministry of Science and Technology of the Central Government; (i) four members to be appointed by the Central Government by rotation to represent the Ministries and the Departments of the Central Government, other than those specified in clauses (g) and (h); (j) two members of Parliament of whom one shall be elected by the House of the People and one by the Council of States; (k) eight members to be appointed by the Central Government by rotation in the alphabetical order to represent the States and the Union territories: Provided that an appointment under this clause shall be made on the recommendation of the Government of the State, or as the case may be, the Union territory concerned; (l) four members to be appointed by the Central Government to represent the organisations in the field of industry and commerce; 4 ----- (m) seven members to be appointed by the Central Government to represent,— (i) the Central Advisory Board of Education; (ii) the Association of Indian Universities; (iii) the Indian Society for Technical Education; (iv) the Council of the Indian Institutes of Technology; (v) the Pharmacy Council of India; (vi) the Council of Architecture; (vii) the National Productivity Council; (n) four members to be appointed by the Central Government to represent the professional bodies in the field of technical and management education; (o) not more than two members to be appointed by the Central Government to represent such interests not covered by the foregoing clauses as the Central Government may deem fit; (p) the Chairman, University Grants Commission, ex officio; (q) the Director, Institute of Applied Manpower Research, New Delhi, ex officio; (r) the Director-General, Indian Council of Agricultural Research, ex officio; (s) the Director-General, Council of Scientific and Industrial Research, ex officio; (t) Member-Secretary to be appointed by the Central Government. (5) Notwithstanding anything contained in sub-section (4),— (a) the first Chairman shall be the Minister of Human Resource Development of the Central Government; (b) the first Vice-Chairman of the Council shall be the Minister of State for Education of the Central Government; (c) the first Member-Secretary of the Council shall be the Educational Adviser (Technical) of the Central Government. **4. Term of office of members.—(1) The term of office of a member, other than an ex officio member, on** the first constitution of the Council shall be five years and thereafter three years. (2) If a casual vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman holding office as such for the time being shall act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold office of the Chairman for the remainder of the term of office of the person in whose place he is to so act. (3) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by the Central Government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed. 5 ----- (4) The Vice-Chairman shall perform such functions as may be assigned to him by the Chairman from time to time. (5) The procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed. **5. Meetings of the Council.—(1) The Council shall meet at such time and places, and shall observe such** rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as may be provided by regulations: Provided that the Council shall meet at least once every year. (2) The Chairman and in his absence the Vice-Chairman shall preside at the meetings of the Council. (3) If for any reason the Chairman or the Vice-Chairman is unable to attend any meeting of the Council, any other member chosen by the members present at the meeting shall preside at the meeting. (4) All questions which come up before any meeting of the Council shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote. **6. Vacancies, etc., not to invalidate proceedings of the Council.—No act or proceeding of the Council** shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Council; or (b) any defect in the appointment of a person acting as a member of the Council; or (c) any irregularity in the procedure of the Council not affecting the merits of the case. **7. Temporary association of persons with the Council for particular purposes.—(1) The Council** 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 Council 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 Council, and shall not be a member for any other purpose. **8. Appointment of officers and other employees of the Council.—(1) For the purpose of enabling it** efficiently to discharge its functions under this Act, the Council shall, subject to such regulations as may be made in this behalf, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary: Provided that the appointment of such category of officers, as may be specified in such regulations, shall be subject to the approval of the Central Government. (2) Every officer or other employee appointed by the Council shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations. **9. 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 all other instruments issued by the Council shall be authenticated by the signature of the Member-Secretary or any other officer of the Council authorised in like manner in this behalf. 6 ----- CHAPTER III POWERS AND FUNCTIONS OF THE COUNCIL **10. Functions of the Council.—It shall be the duty of the Council to take all such steps as it may think** fit for ensuring coordinated and integrated development of technical education and maintenance of standards and for the purposes of performing its functions under this Act, the Council may— (a) undertake survey in the various fields of technical education, collect data on all related matters and make forecast of the needed growth and development in technical education; (b) coordinate the development of technical education in the country at all levels; (c) allocate and disburse out of the Fund of the Council such grants on such terms and conditions as it may think fit to— (i) technical institutions, and (ii) Universities imparting technical education in coordination with the Commission; (d) promote innovations research and development in established and new technologies, generation, adoption and adaptation of new technologies to meet developmental requirements and for overall improvement of educational processes; (e) formulate schemes for promoting technical education for women, handicapped and weaker sections of the society; (f) promote an effective link between technical education system and other relevant systems including research and development organisations, industry and the community; (g) evolve suitable performance appraisal systems for technical institutions and Universities imparting technical education, incorporating norms and mechanisms for enforcing accountability; (h) formulate schemes for the initial and in-service training of teachers and identify institutions or centres and set up new centres for offering staff development programmes including continuing education of teachers; (i) lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations; (j) fix norms and guidelines for charging tuition and other fees; (k) grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned; (l) advise the Central Government in respect of grant of charter to any professional body or institution in the field of technical education conferring powers, rights and privileges on it for the promotion of such profession in its field including conduct of examinations and awarding of membership certificates; (m) lay down norms for granting autonomy to technical institutions; (n) take all necessary steps to prevent commercialisation of technical education; (o) provide guidelines for admission of students to technical institutions and Universities imparting technical education; (p) inspect or cause to inspect any technical institution; 7 ----- (q) withhold or discontinue grants in respect of courses, programmes to such technical institutions which fail to comply with the directions given by the Council within the stipulated period of time and take such other steps as may be necessary for ensuring compliance of the directions of the Council; (r) take steps to strengthen the existing organisations, and to set up new organisations to ensure effective discharge of the Council’s responsibilities and to create positions of professional, technical and supporting staff based on requirements; (s) declare technical institutions at various levels and types offering courses in technical education fit to receive grants; (t) advise the Commission for declaring any institution imparting technical education as a deemed University; (u) set up a National Board of Accreditation to periodically conduct evaluation of technical institutions or programmes on the basis of guidelines, norms and standards specified by it and to make recommendation to it, or to the Council, or to the Commission or to other bodies, regarding recognition or de-recognition of the institution or the programme; (v) perform such other functions as may be prescribed. **11. Inspection.—(1) For the purposes of ascertaining the financial needs of technical institution or a** University or its standards of teaching, examination and research, the Council may cause an inspection of any department or departments of such technical institution or University to be made in such manner as may be prescribed and by such person or persons as it may direct. (2) The Council shall communicate to the technical institution or University the date on which any inspection under sub-section (1) is to be made and the technical institution or University shall be entitled to be associated with the inspection in such manner as may be prescribed. (3) The Council shall communicate to the technical institution or the University, its views in regard to the results of any such inspection and may, after ascertaining the opinion of that technical institution or University, recommend to that institution or University the action to be taken as a result of such inspection. (4) All communications to a technical institution or University under this section shall be made to the executive authority thereof and the executive authority of the technical institution or University shall report to the Council the action, if any, which is proposed to be taken for the purposes of implementing any such recommendation as is referred to in sub-section (3). CHAPTER IV BODIES OF THE COUNCIL **12. Executive Committee of the Council.—(1) The Council shall constitute a Committee, called the** Executive Committee for discharging such functions as may be assigned to it by the Council. (2) The Executive Committee shall consist of the following members, namely.— (a) the Chairman of the Council; (b) the Vice-Chairman of the Council; (c) Secretary to the Government of India in the Ministry of the Central Government dealing with Education, ex officio; (d) two Chairmen of the Regional Committees; (e) three Chairmen of the Boards of Studies; 8 ----- (f) a member of the Council representing the Ministry of Finance of the Central Government, _ex_ _officio;_ (g) four out of eight members of the Council representing the States and Union territories under clause (k) of sub-section (4) of section 3; (h) four members with expertise and distinction in areas relevant to Technical Education to be nominated by the Chairman of the Council; (i) the Chairman of the University Grants Commission, ex officio; (j) the Director, Institute of Applied Manpower Research, New Delhi, ex officio; (k) the Director General, Indian Council of Agricultural Research, ex officio; (l) the Member-Secretary of the Council. (3) The Chairman and the Member-Secretary of the Council shall, respectively, function as the Chairman and the Member-Secretary of the Executive Committee. (4) The Chairman or in his absence, the Vice-Chairman of the Council shall preside at the meetings of the Executive Committee and in the absence of both the Chairman and the Vice-Chairman, any other member chosen by the members present at the meeting shall preside at the meeting. (5) The Executive Committee shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) as the Council may provide by regulations. **13. Boards of Studies.—(1) The Council shall establish the following Boards of Studies, namely:—** (i) All India Board of Vocational Education; (ii) All India Board of Technician Education; (iii) All India Board of Under-graduate Studies in Engineering and Technology; (iv) All India Board of Post-graduate Education and Research in Engineering and Technology; (v) All India Board of Management Studies. (2) The Council may, if it considers necessary, establish such other Boards of Studies as it may think fit. (3) Every Board of Studies shall advise the Executive Committee on academic matters falling in its area of concern including norms, standards, model curricula, model facilities and structure of courses. (4) The area of concern, powers, the constitution and functions of the Boards of Studies shall be such as the Council may provide by regulations. **14. Regional Committees.—(1) The Council shall establish the following Regional Committees,** namely:— (i) The Northern Regional Committee with its office at Kanpur; (ii) The Southern Regional Committee with its office at Madras; (iii) The Western Regional Committee with its office at Bombay; (iv) The Eastern Regional Committee with its office at Calcutta. (2) The Council may, if it considers necessary, establish such other Regional Committees as it may think fit. 9 ----- (3) The Regional Committee shall advise and assist the Council to look into all aspects of planning, promoting and regulating technical education within the region. (4) The region for which the Regional Committees may be established and the constitution and functions of such Committees shall be prescribed by regulation. CHAPTER V FINANCE, ACCOUNTS AND AUDIT **15. Payment to the Council—The Central Government may, after due appropriation made by Parliament** by law in this behalf, pay to the Council in each financial year such sums as may be considered necessary for the performance of functions of the Council under this Act. **16. Fund of the Council—(1) The Council shall have its own Fund; and all sums which may, from time** to time, be paid to it by the Central Government and all the receipts of the Council (including any sum which any State Government or any other authority or person may hand over to the Council) 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. **17. 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. **18. 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 true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament. **19. Accounts and audit.—(1) The Council shall cause to be maintained such books of account** and other books in relation to its accounts in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed. (2) The Council shall, as soon as may be, after closing its annual accounts prepare a statement of accounts in such form, and forward the same to the Comptroller and Auditor-General of India by such date, as the Central Government may, in consultation with the Comptroller and Auditor-General, determine. (3) The accounts of the Council shall be audited by the Comptroller and Auditor-General of India at such times and in such manner as he thinks fit. (4) The accounts of the Council as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament. CHAPTER VI MISCELLANEOUS **20. Directions by the Central Government.—(1) The Council shall, in the discharge of its functions** and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time. 10 ----- (2) The decision of the Central Government as to whether a question is one of policy or not shall be final. **21. Power to supersede the Council.—(1) If the Central Government is of the opinion that the Council** is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the Central Government under section 20, the Central Government may, by notification in the Official Gazette, supersede the Council for such period as may be specified in the notification: Provided that before issuing a notification under this sub-section, the Central Government shall give a reasonable time to the Council to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Council. (2) Upon the publication of a notification under sub-section (1) superseding the Council,— (a) all the members of the Council shall, notwithstanding that their term of office had not expired, as from the date of supersession, vacate their offices as such members; (b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Council shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct; (c) all property vested in the Council shall, during the period of supersession, 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 period as it may consider necessary; or (b) reconstitute the Council in the manner provided in section 3. **22. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the procedure to be followed by the members in the discharge of their functions; (b) the inspection of technical institutions and Universities; (c) the form and manner in which the budget and reports are to be prepared by the Council; (d) the manner in which the accounts of the Council are to be maintained; and (e) any other matter which has to be, or may be, prescribed. **23. Power to make regulations.—(1) The Council may, by notification in the Official Gazette, make** regulations not inconsistent with the provisions of this Act, and the rules generally to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) regulating the meetings of the Council and the procedure for conducting business thereat; (b) the terms and conditions of service of the officers and employees of the Council; 11 ----- (c) regulating the meetings of the Executive Committee and the procedure for conducting business thereat; (d) the area of concern, the constitution, and powers and functions of the Board of Studies; (e) the region for which the Regional Committee be established and the constitution and functions of such Committee. **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 the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **25. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of the** Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 12 -----

3-Jan-1988

02

The Chandigarh (Delegation of Powers) Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1393/2/A1988-02.pdf

central

## THE CHANDIGARH (DELEGATION OF POWERS) ACT, 1987 __________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and extent. 2. Definition. 3. Delegation of powers, etc., vested in Administrator. 4. Validation. 1 ----- ## THE CHANDIGARH (DELEGATION OF POWERS) ACT, 1987 ACT NO. 2 OF 1988 [3rd, January, 1988.] ## An Act to provide for the delegation of powers vested in the Administrator of the Union territory of Chandigarh. BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— **1. Short title and extent.—(1) This Act may be called the Chandigarh (Delegation of Powers) Act,** 1987. (2) It extends to the whole of the Union territory of Chandigarh. **2. Definition.—In this Act, unless the context otherwise requires, “Administrator” means the** administrator of the Union territory of Chandigarh appointed by the President under article 239 of the Constitution. **3. Delegation of powers, etc., vested in Administrator.—(1) Any power, authority or jurisdiction or** any duty which the Administrator may exercise or discharge under any law in force in the Union territory of Chandigarh may be exercised or discharged also by such officer or other authority as may be specified in this behalf by the Central Government or the Administrator by notification in the Official Gazette. (2) The Administrator may transfer any appeal or application for revision or any other matter pending before him for disposal to an officer or other authority competent under sub-section (1) to dispose of the same. (3) The Administrator may withdraw for disposal by himself any appeal or application for revision or any other matter pending before an officer or other authority competent under sub-section (1) to dispose of the same. **4.Validation.—Notwithstanding any judgment, decree or order of any court or tribunal or other** authority to the contrary, where any power, authority or jurisdiction or any duty which the Administrator may exercise or discharge under any law in force in the Union territory of Chandigarh had been exercised or discharged by any officer or other authority before the commencement of this Act, such power, authority, jurisdiction or duty shall be deemed to have been validly and effectively exercised or discharged by such officer or other authority as if the provisions of sub-section (1) of section 3 were in force at all material times when such power, authority or jurisdiction was exercised or such duty was discharged and that officer or other authority had been specified as an officer or other authority by the Central Government or the Administrator in that behalf under the said sub-section, and accordingly, no suit or other proceeding shall be instituted, maintained or continued in any court or tribunal or before other authority on the ground that such officer or other authority was not competent to exercise such power, authority or jurisdiction or to discharge such duty. 2 -----

3-Jan-1988

03

The Commission of Sati (Prevention ) Act, 1987

https://www.indiacode.nic.in/bitstream/123456789/1814/2/A1988-03.pdf

central

# THE COMMISSION OF SATI (PREVENTION) ACT, 1987 ________ ARRANGEMENT OF SECTIONS _________ PART I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. PART II PUNISHMENTS FOR OFFENCES RELATING TO SATI 3. Attempt to commit sati. 4. Abetment of sati. 5. Punishment for glorification of sati. PART III POWERS OF COLLECTOR OR DISTRICT MAGISTRATE TO PREVENT OFFENCES RELATING TO SATI 6. Power to prohibit certain acts. 7. Power to remove certain temples or other structures. 8. Power to seize certain properties. PART IV SPECIAL COURTS 9. Trial of offences under this Act. 10. Special Public Prosecutors. 11. Procedure and powers of Special Courts. 12. Power of Special Court with respect to other offences. 13. Forfeiture of funds or property. 14. Appeal. PART V MISCELLANEOUS 15. Protection of action taken under this Act. 16. Burden of proof. 17. Obligation of certain persons to report about the commission of offence under this Act. 18. Person convicted of an offence under section 4 to be disqualified from inheriting certain properties. 19. [Repealed.] 20. Act to have overriding effect. 21. Power to make rules. 22. Repeal of existing laws. 1 ----- # THE COMMISSION OF SATI (PREVENTION) ACT, 1987 # ACT NO. 3 OF 1988 [3[rd] January, 1988.] # An Act to provide for the more effective prevention of the commission of sati and its glorification and for matters connected therewith or incidental thereto, WHEREAS _sati or the burning or burying alive of widows or women is revolting to the feelings of_ human nature and is nowhere enjoined by any of the religions of India as an imperative duty; ANDWHEREAS it is necessary to take more effective measures to prevent the commission of sati and its glorification; BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Commission of Sati** (Prevention) Act, 1987. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force in a State on such date[1]as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States. **2. Definitions.—(1) In this Act, unless the context otherwise requires,—** (a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); (b) “glorification”, in relation to _sati, whether such_ _sati, was committed before or after the_ commencement of this Act, includes, among other things,— (i) the observance of any ceremony or the taking out of a procession in connection with the commission of sati; or (ii) the supporting, justifying or propagating the practice of sati in any manner; or (iii) the arranging of any function to eulogise the person who has committed sati; or (iv) the creation of a trust, or the collection of funds, or the construction of a temple or other structure or the carrying on of any form of worship or the performance of any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati; (c) “sati” means the act of burning or burying alive of— (i) any widow along with the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or such relative; or (ii) any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the woman or otherwise; (d) “Special Court” means a Special Court constituted under section 9; (e) “temple” includes any building or other structure, whether roofed or not, constructed or made to preserve the memory of a person in respect of whom sati has been committed or used or intended to be used for the carrying on of any form of worship or for the observance of any ceremony in connection with such commission. 1. 21stMarch, 1988, vide notification No. G.S.R. 359(E), dated 21st March, 1988, see Gazette of India, Extraordinary, Part II, sec. 3(i). 2 ----- (2) Words and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860), or in the Code shall have the same meanings as are respectively assigned to them in the Indian Penal Code or the Code. PART II PUNISHMENTS FOR OFFENCES RELATING TO SATI **3. Attempt to commit** **_sati.—Notwithstanding anything contained in the Indian Penal Code(45 of_** 1860), whoever attempts to commit sati and does any act towards such commission shall be punishable with imprisonment for a term which may extend to six months or with fine or with both: Provided that the Special Court trying an offence under this section shall, before convicting any person, take into consideration the circumstances leading to the commission of the offence, the act committed, the state or mind of the person charged of the offence at the time of the commission of the act and all other relevant factors. **4. Abetment of sati.—(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860),** if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine. (2) If any person attempts to commit _sati, whoever abets such attempt, either directly or indirectly,_ shall be punishable with imprisonment for life and shall also be liable to fine. _Explanation.—For the purposes of this section, any of the following acts or the like shall also be_ deemed to be an abetment, namely:— (a) any inducement to a widow or woman to get her burnt or buried alive along with the body of her deceased husband or with any other relative or with any article, object or thing associated with the husband or such relative, irrespective of whether she is in a fit state of mind or is labouring under a state of intoxication or stupefaction or other cause impeding the exercise of her free will; (b) making a widow or woman believe that the commission of sati would result in some spiritual benefit to her or her deceased husband or relative or the general well being of the family; (c) encouraging a widow or woman to remain fixed in her resolve to commit _sati and thus_ instigating her to commit sati; (d) participating in any procession in connection with the commission of sati or aiding the widow or woman in her decision to commit sati by taking her along with body of her deceased husband or relation to the cremation or burial ground; (e) being present at the place where sati is committed as an active participant to such commission or to any ceremony connected with it; (f) preventing or obstructing the widow or woman from saving herself from being burnt or buried alive; (g) obstructing, or interfering with, the police in the discharge of its duties of taking any steps to prevent the commission of sati. **5. Punishment for glorification of sati.—Whoever does any act for the glorification of sati shall be** punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees. PART III POWERSOF COLLECTOROR DISTRICT MAGISTRATETOPREVENTOFFENCESRELATING TO SATI **6. Power to prohibit certain acts.—(1) Where the Collector or the District Magistrate is of the** opinion that sati or any abetment thereof is being, or is about to be committed, he may, by order, prohibit the doing of any act towards the commission of sati by any person in any area or areas specified in the order. 3 ----- (2)The Collector or the District Magistrate may also, by order, prohibit the glorification in any manner of sati by any person in any area or areas specified in the order. (3) Whoever contravenes any order made under sub-section (1) or sub-section (2) shall, if such contravention is not punishable under any other provision of this Act, be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees. **7. Power to remove certain temples or other structures.—(1) The State Government may, if it is** satisfied that in any temple or other structure which has been in existence for not less than twenty years, any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of, or to preserve the memory of, any person in respect of whom _sati has been committed, by_ order, direct the removal of such temple or other structure. (2) The Collector or the District Magistrate may, if he is satisfied that in any temple or other structure, other than that referred to in sub-section (1), any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of, or to preserve the memory of, any person is respect of whom sati has been committed, by order, direct the removal of such temple or other structure. (3) Where any order under sub-section (1) or sub-section (2) is not complied with, the State Government or the Collector or the District Magistrate, as the case may be, shall cause the temple or other structure to be removed through a police officer not below the rank of a Sub-Inspector at the cost of the defaulter. **8. Power to seize certain properties.—(1) Where the Collector or the District Magistrate has reason** to believe that any funds or property have been collected or acquired for the purpose of glorification of the commission of any _sati or which may be found under circumstances which create suspicion of the_ commission of any offence under this Act, he may seize such funds or property. (2) Every Collector or District Magistrate acting under sub-section (1) shall report the seizure to the Special Court, if any, constituted to try any offence in relation to which such funds or property were collected or acquired and shall await the orders of such Special Court as to the disposal of the same. PART IV SPECIAL COURTS **9. Trial of offences under this Act.—(1) Notwithstanding anything contained in the Code, all** offences under this Act shall be triable only by a Special Court constituted under this section. (2) The State Government shall, by notification in the Official Gazette, constitute one or more Special Courts for the trial of offences under this Act and every Special Court shall exercise jurisdiction in respect of the whole or such part of the State as may be specified in the notification. (3) A Special Court shall be presided over by a Judge to be appointed by the State Government with the concurrence of the Chief Justice of the High Court. (4) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Judge or an Additional Sessions Judge in any State. **10. Special Public Prosecutors.—(1) For every Special Court, the State Government shall appoint a** person to be a Special Public Prosecutor. (2) A person shall be eligible to be appointed as a Special Public Prosecutor under this section only if he had been in practice as an advocate for not less than seven years or has held any post for a period of not less than seven years under the State requiring special knowledge of law. (3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code and the provisions of the Code shall have effect accordingly. 4 ----- **11. Procedure and powers of Special Courts.—(1) A Special Court may take cognizance of any** offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts. (2) Subject to the other provisions of this Act, a Special Court shall, for the purpose of the trial of any offence, 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. **12. Power of Special Court with respect to other offences.—(1) When trying any offence under** this Act, a Special Court may also try any other offence with which the accused may, under the Code, be charged at the same trial if the offence is connected with such other offence. (2) If, in the course of any trial of any offence under this Act it is found that the accused person has committed any other offence under this Act or under any other law, a Special Court may convict such person also of such other offence and pass any sentence authorised by this Act or such other law for the punishment thereof. (3) In every inquiry or trial, the proceedings shall be held as expeditiously as possible and, in particular, where the examination of witnesses has begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, and if any Special Court finds the adjournment of the same beyond the following date to be necessary, it shall record its reasons for doing so. **13. Forfeiture of funds or property.—Where a person has been convicted of an offence under this** Act, the Special Court trying such offence may, if it is considered necessary so to do, declare that any funds or property seized under section 8 shall stand forfeited to the State. **14. Appeal.—(1) Notwithstanding anything contained in the Code, an appeal shall lie as a matter of** right from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law. (2) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. PART V MISCELLANEOUS **15. Protection of action taken under this Act.—No suit, prosecution or other legal proceeding shall** lie against the State Government or any officer or authority of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made under this Act. **16. Burden of proof.—Where any person is prosecuted of an offence under section 4, the burden of** proving that he had not committed the offence under the said section shall be on him. **17. Obligation of certain persons to report about the commission of offence under this Act.—(1)** All officers of Government are hereby required and empowered to assist the police in the execution of the provisions of this Act or any rule or order made thereunder. (2) All village officers and such other officers as may be specified by the Collector or the District Magistrate in relation to any area and the inhabitants of such area shall, if they have reason to believe or have the knowledge that sati is about to be, or has been, committed in the area shall forthwith report such fact to the nearest police station. (3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. 5 ----- **18. Person convicted of an offence under section 4 to be disqualified from inheriting certain** **properties.—A person convicted of an offence under sub-section (1) of section 4 in relation to the** commission of _sati shall be disqualified from inheriting the property of the person in respect of whom_ such sati has been committed or the property of any other person which he would have been entitled to inherit on the death of the person in respect of whom such sati has been committed. **19.[Amendment of Act 43 of 1951].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001) s.2** _and the First Schedule(w.e.f.3-9-2001)._ **20. Act to have overriding effect.—The provisions of this Act or any rule or order made 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. **21. 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 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. **22. Repeal of existing laws.—(1) All laws in force in any State immediately before the** commencement of this Act in that State which provide for the prevention or the glorification of sati shall, on such commencement, stand repealed. (2) Notwithstanding such repeal, anything done or any action taken under any law repealed under sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act, and, in particular, any case taken cognizance of by a Special Court under the provisions of any law so repealed and pending before it immediately before the commencement of this Act in that State shall continue to be dealt with by that Special Court after such commencement as if such Special Court had been constituted under section 9 of this Act. 6 -----

2-Jun-1988

34

The Special Protection Group Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1824/1/A1988-34.pdf

central

# THE SPECIAL PROTECTION GROUP ACT, 1988 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Members subject to this Act. 4. Constitution of the Group. 5. Control, direction, etc. 6. Liability for service in and outside India. 7. Members of the Group always on active duty. 8. Resignation and withdrawal from the post. 9. Tenure of service. 10. Restrictions respecting right to from associations, freedom of speech, etc. 11. Termination of service. 12. Appeal. 13. Powers and duties conferable on members of the Group. 14. Assistance to Group. 15. Protection of action taken under this Act. 16. Power to make rules. 17. Laying of orders and rules. 18. Provision as to existing Special Protection Group. 1 ----- # THE SPECIAL PROTECTION GROUP ACT, 1988 ACT NO. 34 OF 1988 [2nd June, 1988.] # An Act to provide for the constitution and regulation of an armed force of the Union for providing proximate security to the Prime Minister of India and the [1][former Prime Ministers of India and members of their immediate families] and for matters connected therewith. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follow:— **1. Short title and commencement.—(1) This Act may be called the Special Protection Group** Act, 1988. (2) It shall come into force on such date[2] as the Central Government may, by notification in the Official Gazette, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “active duty” in relation to a member of the Group means any duty as such member during the period when he is posted to physically protect the Prime Minister of India and the members of [3][his immediate family or a former Prime Minister and the members of his immediate family], wherever he or they may be; (b) “Director” means the Director of the Group appointed under sub-section (1) of section 5; (c) “Group” means the Special Protection Group constituted under section 4; (d) “member of the Group” means a person who has been appointed to the Group by the prescribed authority whether before or after the commencement of this Act; (e) “members of immediate family” means wife, husband, children and parents; (f) “prescribed” means prescribed by rules made under this Act; (g) “proximate security” means protection provided from close quarters, during journey by road, rail, aircraft, watercraft or on foot or any other means of transport and shall include the places of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around, and the rostrum and access control to the person or members of his immediate family; (h) 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 respectively assigned to them in that Code. **3. Members subject to this Act.—Every member of the Group shall be subject to this Act, wherever** he may be. **4. Constitution of the Group.—[4][** (1) There shall be an armed force of the Union called the Special Protection Group for providing proximate security to,— (a) the Prime Minister and members of his immediate family residing with him at his official residence; and (b) any former Prime Minister and such members of his immediate family as are residing with him at the residence allotted to him, for a period of five years from the date he ceases to hold the office of Prime Minister.] 1. Subs. by Act 48 of 1991, s. 2, for “members of his immediate family” (w.e.f. 25-9-1991). 2. 1st August, 1988, _vide notification No. S.O. 735(E), dated 1st August, 1988,_ _See Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 3. Subs. by Act 48 of 1991, s. 3, for “his immediate family” (w.e.f. 25-9-1991). 4. Subs. by Act 43 of 2019, s. 2, for sub-section (1) (w.e.f. 10-12-2019). 2 ----- (1A) Notwithstanding anything contained in sub-section (1),— (a) any former Prime Minister or any member of the immediate family of the Prime Minister or of a former Prime Minister may decline proximate security; 1[(b) where the proximate security is withdrawn from a former Prime Minister, such proximate security shall also stand withdrawn from members of immediate family of such former Prime Minister:] Provided that where the level of threat faced by any member of the immediate family of a former Prime Minister warrants proximate security or any other security, such security shall be provided to that member.] (2) Subject to the provisions of this Act, the Group shall be constituted in such manner as may be prescribed and the terms and conditions of service of the members of the Group shall be such as may be prescribed. (3) Notwithstanding anything contained in this section, any person or any member of any other armed force of the Union may be appointed to the Group by the Central Government by a general or special order and for such period as may be specified in such order, and the person so appointed shall, during the period of his appointment, be deemed to be a member of the Group, and the provisions of this Act shall, so far as may be, apply to such person or member. **5. Control, direction, etc.—(1) The general superintendence, direction and control of the Group 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 Group shall vest in an officer to be appointed by the Central Government as the Director of the Group. (2) The Director shall, in the discharge of his duties under this Act, be assisted by such number of 2[Inspectors General, Deputy Inspectors General, Assistant Inspectors General] and other officers as may be appointed by the Central Government. **6. Liability for service in and outside India.—Every member of the Group shall be liable to serve** in any part of India as well as outside India. **7. Members of the Group always on active duty.—Every member of the Group, not on leave or** under suspension, shall, for all purposes of this Act, be always on active duty and may at any time be employed or deployed in any manner which is consistent with the duties and responsibilities of the Group under this Act. **8. Resignation and withdrawal from the post.—No member of the Group shall be at liberty—** (a) to resign his appointment during the terms 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.—Every member of the Group shall hold office during the pleasure of the** President. **10. Restrictions respecting right to from associations, freedom of speech, etc.—(1) No member of** the Group 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 1. Subs. by Act 43 of 2019, s. 2, for clause (b) (w.e.f. 10-12-2019). 2. Subs. by Act 20 of 2003, s. 3, for “Deputy Directors, Assistant Directors, Joint Assistant Directors” (w.e.f. 13-3-2003). 3 ----- (b) be a member of, or be associated in any way with, any society, institution, association or organisation that 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 as to whether any society, institution, association or organisation_ is of a purely social, recreational or religious nature under clause (b) or whether any book, letter or document is a communication or publication in the bona fide discharge of his duties or is a purely literary, artistic or scientific character or is of a prescribed nature under clause (c), the decision of the Central Government thereon shall be final. (2) No member of the Group 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. **11. Termination of service.—The prescribed authority may, by order in writing, terminate the** appointment of any member of the Group in the public interest and such termination shall be deemed to be discharged simpliciter and shall not amount to dismissal or removal. **12. Appeal.—(1) Any member of the Group aggrieved by an order under section 11 may, within** thirty days from the date of such order, prefer an appeal to a Board to be constituted by the Central Government. (2) The Board shall consist of such persons as may be prescribed. (3) The decision of the Board shall be final and shall not be called in question in any court or tribunal. (4) The Board shall have power to regulate its own procedure. **13. Powers and duties conferable on members of the Group.—The Central Government may, by** general or special order published in the Official Gazette, direct that, subject to such conditions and limitations as may be specified in that order, any member of the Group may exercise or discharge such powers or duties as may be specified in the said order for giving effect to the provisions of this Act. **14. Assistance to Group.—It shall be the duty of every Ministry and Department of the Central** Government or the State Government or the Union territory Administration, every Indian Mission, every local or other authority or every civil or military authority to act in aid of the Director or any member of the Group whenever called upon to do so in furtherance of the duties and responsibilities assigned to such Director or member. **15. Protection of action taken under this Act.—No suit, prosecution or other legal proceeding shall** lie against the Group or any member thereof on whom powers have been conferred or duties have been imposed under this Act, or any order issued or any rule made thereunder for anything which is in good faith done or purported to be done or omitted to be done in pursuance of this Act or any order issued or any rule made thereunder or any order issued under any such rule. **16. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which the Group shall be constituted and the terms and conditions of service of its members under sub-section (2) of section 4; (b) the authorities to be prescribed under section 8, sub-section (1) of section 10 and section 11; (c) the nature of the communication or publication under clause (c) of sub-section (1) of section 10; 4 ----- (d) the purposes, other than political purposes, for which a person subject to this Act shall not participate in, or address, any meeting or take part in any demonstration under sub-section (2) of section 10; (e) the persons who shall be members of the Board under sub-section (2) of section 12; (f) any other matter which has to be, or may be, prescribed. **17. Laying of orders and rules.—Every order issued under section 13 and every rule made under** section 16 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 order or the rule or both Houses agree that the order or rule should not be made, the order 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 order or rule. **18. Provision as to existing Special Protection Group.—(1) The Special Protection Group in** existence at the commencement of this Act shall be deemed to be the Group constituted under this Act. (2) The members of the Special Protection Group in existence at the commencement of this Act shall be deemed to have been appointed 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 Special Protection Group referred to in sub-section (1) and in relation to any person appointed, shall be as valid and as effective in law as if such thing or action was done or taken under this Act. 5 -----

1-Sep-1988

41

The Religious Institutions (Prevention of Misuse) Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1833/1/198841.pdf

central

THE RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE) ACT, 1988 __________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Prohibition of use of religious institutions for certain purposes. 4. Restrictions on carrying arms and ammunition into a religious institution. 5. Prohibition of use of funds of religious institutions for certain activities. 6. Prohibition of religious for a for propagating political ideas. 7. Penalties. 8. Disqualification of persons convicted or charge-sheeted under this Act. 9. Certain persons bound to give information to police. 10. Repeal and saving. 1 ----- THE RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE) ACT, 1988 # ACT NO. 41 OF 1988 [1st September, 1988.] # An Act to prevent the misuse of religious institutions for political and other purposes. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Religious Institu-** tions (Prevention of Misuse) Act, 1988. (2) It extends to the whole of India [1]***. (3) It shall be deemed to have come into force on the 26th day of May, 1988. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “ammunition” shall have the same meaning as in clause (b) of sub-section (1) of section2 of the Arms Act, 1959 (54 of 1959); (b) “arms” shall have the same meaning as in clause (c) of sub-section (1) of section 2 of the Arms Act, 1959 (54 of 1959); (c) “manager”, in relation to a religious institution, means every person, including any religious functionary (by whatever name called), who, for the time being, either alone or in association with other persons, administers, manages or otherwise controls the affairs of that institution, its functions or properties; (d) “political activity” includes any activity promoting or propagating the aims or objects of a political party or any cause, issue or question of a political nature by organising meetings, demonstrations, processions, collection or disbursement of funds, or by the issue of directions or decrees, or by any other means, and includes also such activity by or on behalf of a person seeking election as a candidate for any election to Parliament, any State Legislature or any local authority; (e) “political party” means an association or body of persons— (i) which is, or is deemed to be, registered, with the Election Commission of India as a political party under the Election Symbols (Reservation and Allotment) Order, 1968, as in force for the time being; or (ii) which has set up candidates for election to any legislature, but is not registered, or deemed to be registered, as a political party, under the Election Symbols (Reservation and Allotment) Order, 1968; or (iii) organised to carry on any political activity or to acquire or exercise political power through election or otherwise; (f) “religious institution” means an institution for the promotion of any religion or persuasion, and includes any place or premises used as a place of public religious worship, by whatever name or designation known. **3. Prohibition of use of religious institutions for certain purposes.—No religious institution** or manager thereof shall use or allow the use of any premises belonging to, or under the control of, the institution— (a) for the promotion or propagation of any political activity; or (b) for the harbouring of any person accused or convicted of an offence under any law for the time being in force; or (c) for the storing of any arms or ammunition; or 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 ----- (d) for keeping any goods or articles in contravention of any law for the time being in force; or (e) for erecting or putting up of any construction or fortification, including basements, bunkers, towers or walls without a valid licence or permission under any law for the time being in force; or (f) for the carrying on of any unlawful or subversive act prohibited under any law for the time being in force or in contravention of any order made by any court; or (g) for the doing of any act which promotes or attempts to promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or (h) for the carrying on of any activity prejudicial to the sovereignty, unity and integrity of India; or (i) for the doing of any act in contravention of the provisions of the Prevention of Insults to National Honour Act, 1971 (69 of1971). **4. Restrictions on carrying arms and ammunition into a religious institution.—No religious** institution or manager thereof shall allow the entry of any arms or ammunition or of any person carrying any arms or ammunition into the religious institution: Provided that nothing in this section shall apply to— (a) the wearing and carrying of a Kirpan by any person professing the Sikh religion; or (b) any arms which are used, as part of any religious ceremony or ritual of the institution as established by custom or usage. **5. Prohibition of use of funds of religious institutions for certain activities.—No religious** institution or manager thereof shall use or allow the use of any funds or other properties belonging to, or under the control of, the institution for the benefit of any political party or for the purpose of any political activity or for the commission of any act which is punishable as an offence under any law. **6. Prohibition of religious for a for propagating political ideas.—No religious institution or** manager thereof shall allow any ceremony, festival, congregation, procession or assembly organised or held under its auspices to be used for any political activity. **7. Penalties.—Where any religious institution or manager thereof contravenes the provisions of** section 3, section 4, section 5 or section 6, the manager and every person connected with such contravention shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees. **8. Disqualification of persons convicted or charge-sheeted under this Act.—(1) Any manager** or other employee of a religious institution shall, upon conviction for an offence under this Act, stand removed from his office or post and shall, notwithstanding anything to the contrary contained in any other law, be disqualified for appointment in any religious institution as manager or in any other capacity for a period of six years from the date of his conviction. (2) Where any manager or other employee of a religious institution is accused of an offence under this Act and a charge-sheet for the prosecution of such person is filed in any court and the court is of the opinion, after considering the charge-sheet and after hearing the prosecution and the accused, that a prima facie case exists, it shall pass an order or direction restraining the person from exercising the powers or discharging the duties of his office or post pending trial. (3) Where any manager or other employee has been removed under sub-section (1), or restrained under sub-section (2), the vacancy arising out of such removal or restraint may be filled in the manner provided in the law applicable to the said religious institution. 3 ----- **9. Certain persons bound to give information to police.—Every manager or other employee of** a religious institution shall be bound to give information to the officer incharge of the police station within whose local jurisdiction the religious institution is situate of any contravention or any impending contravention of the provisions of this Act and any failure to do so shall be punishable under section 176 of the Indian Penal Code (45 of 1860). **10. Repeal and saving.—(1) The Religious Institutions (Prevention of Misuse) Ordinance, 1988** (Ord. 3 of 1988) 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. 4 -----

3-Sep-1988

44

The Bharat Petroleum Corporation Limited (Determination of Conditions of Service of Employees ) Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1836/2/A1988-44.pdf

central

# THE BHARAT PETROLEUM CORPORATION LIMITED (DETERMINATION OF CONDITIONS OF SERVICE OF EMPLOYEES) ACT, 1988 ___________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Power of Central Government to frame schemes to determine conditions of service of officers and employees. 4. Repeal and saving. 1 ----- # THE BHARAT PETROLEUM CORPORATION LIMITED (DETERMINATION OF CONDITIONS OF SERVICE OF EMPLOYEES) ACT, 1988 # ACT NO. 44 OF 1988 [3[rd] September, 1988.] # An Act to empower the Central Government to determine the conditions of service of the officers and employees of Bharat Petroleum Corporation Limited and for matters connected therewith. WHEREAS for the purpose of making the conditions of service of the officers and employees of the Bharat Petroleum Corporation Limited comparable with the conditions of service of the officers and employees of other public sector companies, it is necessary to empower the Central Government to determine the conditions of service of the officers and employees of the said Corporation; BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Bharat Petroleum Corporation** Limited (Determination of Conditions of Service of Employees) Act, 1988. (2) It shall be deemed to have come into force on the 2nd day of July, 1988. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Burmah Shell” means the Burmah Shell Oil Storage and Distributing Company of India Limited, a foreign company within the meaning of section 591 of the Companies Act, 1956 (1 of 1956)as it existed immediately before the appointed day under the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 (2 of 1976); (b) “Burmah Shell Refineries” means the Burmah Shell Refineries Limited, a company registered under the Indian Companies Act, 1913 (7 of 1913), as it existed immediately before it became a Government company; (c) “Corporation” means the Bharat Petroleum Corporation Limited, a Government company, as defined in section 617 of the Companies Act, 1956 (1 of 1956); (d) “officers and employees of the Corporation” includes,— (i) the officers and employees who were in the service of the Burmah Shell Refineries and who continued to be in the service of the said company after it became a Government company; and (ii) the officers and employees who were in the service of Burmah Shell and whose services were transferred to the Corporation by section 9 of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 (2 of 1976); (e) “public sector company” means any corporation established by or under any Central Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956). **3. Power of Central Government to frame schemes to determine conditions of service of officers** **and employees.—(1) Where the Central Government is satisfied that for the purpose of making the** conditions of service of the officers and employees of the Corporation comparable with the conditions of service of the officers and employees of other public sector companies, it is necessary so to do, it may, notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or any other law or any agreement, settlement, award or other instrument for the time being in force, and notwithstanding any judgment, decree or order of any court, tribunal or other authority, frame one or more schemes for the purpose of determination of the conditions of service of the officers and employees of the Corporation. (2) While framing any scheme under sub-section (1), it shall be competent for the Central Government to provide for the continuance, after the commencement of any such scheme, of such of the emoluments or other benefits as were payable to, or entitled to be received by, the officers and employees 2 ----- of the Corporation referred to in sub-clause (i) or sub-clause (ii) of clause (d) of section 2 immediately before the Burmah Shell Refineries became a Government company, or as the case may be, immediately before the appointed day under the Burmah Shell (Acquisition of Undertakings in India) Act,1976 (2 of 1976). (3) The Central Government may make a scheme to amend or vary any scheme made under sub-section (1). (4) The power to make any scheme under sub-section (1) or sub-section (3) shall include,— (a) the power to give retrospective effect to any such scheme or any provision thereof; and (b) the power to amend, by way of addition, variation or repeal, any existing provisions determining the conditions of service of the officers and employees of the Corporation in force immediately before the commencement of this Act. (5) Every scheme made under sub-section (1) or sub-section (3) 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. **4. Repeal and saving.—(1) The Bharat Petroleum Corporation Limited (Determination of Conditions** of Service of Employees) Ordinance, 1988 (6 of 1988), 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 -----

5-Sep-1988

45

The Prohibition of Benami Property Transactions Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1840/6/A198845.pdf

central

# THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II PROHIBITION OF BENAMI TRANSACTIONS 3. Prohibition of benami transactions. 4. Prohibition of the right to recover property held benami. 5. Property held benami liable to confiscation. 6. Prohibition on re-transfer of property by benamidar. CHAPTER III AUTHORITIES 7. Adjudicating Authority. 8. [Omitted]. 9. [Omitted]. 10. [Omitted]. 11. [Omitted]. 12. [Omitted]. 13. [Omitted]. 14. [Omitted]. 15. [Omitted]. 16. [Omitted]. 17. [Omitted]. 18. Authorities and jurisdiction. 19. Powers of authorities. 20. Certain officers to assist in inquiry, etc. 21. Power to call for information. 22. Power of authority to impound documents. 23. Power of authority to conduct inquiry, etc. CHAPTER IV ATTACHMENT, ADJUDICATION AND CONFISCATION 24. Notice and attachment of property involved in benami transaction. 25. Manner of service of notice. 26. Adjudication of benami property. 27. Confiscation and vesting of benami property. 28. Management of properties confiscated. 29. Possession of the property. ----- SECTIONS CHAPTER V APPELLATE TRIBUNAL 30. Establishment of Appellate Tribunal. 31. Composition, etc., of Appellate Tribunal. 32. Qualifications for appointment of Chairperson and Members of Appellate Tribunal. 33. Terms and conditions of services of Chairperson and Members of Appellate Tribunal. 34. Term of office of Chairperson and Members. 35. Removal of Chairperson and Member from office in certain circumstances. 36. Vacancies etc., not to invalidate proceedings of Appellate Tribunal. 37. Resignation and removal. 38. Member to act as Chairperson in certain circumstances. 39. Staff of Appellate Tribunal. 40. Procedure and powers of Appellate Tribunal. 41. Distribution of business amongst Benches of Appellate Tribunal. 42. Power of Chairperson of Appellate Tribunal to transfer cases. 43. Decision to be by majority. 44. Members, etc., to be public servants. 45. Bar of jurisdiction of civil courts. 46. Appeals to Appellate Tribunal. 47. Rectification of mistakes. 48. Right to representation. 49. Appeal to High Court. CHAPTER VI SPECIAL COURTS 50. Special Courts. 51. Application of Code of Criminal Procedure, 1973 to proceedings before Special Court. 52. Appeal and revision. CHAPTER VII OFFENCES AND PROSECUTION 53. Penalty for benami transaction. 54. Penalty for false information. 54A. Penalty for failure to comply with notices or furnish information. 54B. Proof of entries in records or documents. 55. Previous sanction. 55A. Power to tender Immunity from prosecution CHAPTER VIII MISCELLANEOUS 56. Repeal of provisions of certain Acts. 57. Certain transfers to be null and void. 58. Exemption. 59. Power of Central Government to issue directions, etc. 60. Application of other laws not barred. 61. Offences to be non-cognizable. 62. Offences by companies. ----- SECTIONS 63. Notice, etc., not to be invalid on certain grounds. 64. Protection of action taken in good faith. 65. Transfer of pending cases. 66. Proceedings, etc., against legal representative. 67. Act to have overriding effect. 68. Power to make rules. 69. Laying of rules and notifications before Parliament. 70. Power to remove difficulties. 71. Transitional provision. 72. Repeal and saving. ----- # THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 ACT NO. 45 OF 1988 [5th September, 1988.] # An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— 1[CHAPTER I PRELIMINARY] **1. Short title, extent and commencement.—[2][(1) This Act may be called the Prohibition of Benami** Property Transactions Act, 1988.] (2) It extends to the whole of India [3]***. (3) The provisions of sections 3, 5 and 8 shall come into force at once, and the remaining provisions of this Act shall be deemed to have come into force on the 19th day of May, 1988. 4[2. Definitions.— In this Act, unless the context otherwise requires,— (1) “Adjudicating Authority” means the Adjudicating Authority [5][referred to in] section 7; (2) “Administrator” means an Income-tax Officer as defined in clause (25) of section 2 of the Income-tax Act, 1961 (43 of 1961); (3) “Appellate Tribunal” means the Appellate Tribunal established under section 30; (4) “Approving Authority” means an Additional Commissioner or a Joint Commissioner as defined in clauses (1C) and (28C) respectively of section 2 of the Income-tax Act, 1961 (43 of 1961); (5) “attachment” means the prohibition of transfer, conversion, disposition or movement of property, by an order issued under this Act; (6) “authority” means an authority referred to in sub-section (1) of section 18; (7) “banking company” means a company to which the provisions of the Banking Regulation Act, 1949 (10 of 1949), applies and includes any bank or banking institution referred to in section 51 of that Act; (8) “benami property” means any property which is the subject matter of a benami transaction and also includes the proceeds from such property; (9) “benami transaction” means,— (A) a transaction or an arrangement— (a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and (b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by— (i) a Karta, or a member of a Hindu undivided family, as the case may be, and the property is held for his benefit or benefit of other members in the family and the consideration for such 1. Ins. by Act 43 of 2016, s. 2 (w.e.f. 1-11-2016). 2. Subs. by s. 3, ibid., for sub-section (1) (w.e.f. 1-11-2016). 3. 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). 4. Subs. by Act 43 of 2016, s. 4, for section 2 (w.e.f. 1-11-2016). 5. Subs. by Act 13 of 2021, s. 154, for “appointed under” (w.e.f. 1-7-2021). ----- property has been provided or paid out of the known sources of the Hindu undivided family; (ii) a person standing in a fiduciary capacity for the benefit of another person towards whom he stands in such capacity and includes a trustee, executor, partner, director of a company, a depository or a participant as an agent of a depository under the Depositories Act, 1996 (22 of 1996) and any other person as may be notified by the Central Government for this purpose; (iii) any person being an individual in the name of his spouse or in the name of any child of such individual and the consideration for such property has been provided or paid out of the known sources of the individual; (iv) any person in the name of his brother or sister or lineal ascendant or descendant, where the names of brother or sister or lineal ascendant or descendant and the individual appear as jointowners in any document, and the consideration for such property has been provided or paid out of the known sources of the individual; or (B) a transaction or an arrangement in respect of a property carried out or made in a fictitious name; or (C) a transaction or an arrangement in respect of a property where the owner of the property is not aware of, or, denies knowledge of, such ownership; (D) a transaction or an arrangement in respect of a property where the person providing the consideration is not traceable or is fictitious; _Explanation.—For the removal of doubts, it is hereby declared that_ _benami transaction shall_ not include any transaction involving the allowing of possession of any property to be taken or retained in part performance of a contract referred to in section 53A of the Transfer of Property Act, 1882 (4 of 1882), if, under any law for the time being in force,— (i) consideration for such property has been provided by the person to whom possession of property has been allowed but the person who has granted possession thereof continues to hold ownership of such property; (ii) stamp duty on such transaction or arrangement has been paid; and (iii) the contract has been registered. (10) “benamidar” means a person or a fictitious person, as the case may be, in whose name the _benami property is transferred or held and includes a person who lends his name;_ (11) “Bench” means a Bench of the Adjudicating Authority or the Appellate Tribunal, as the case may be; (12) “beneficial owner” means a person, whether his identity is known or not, for whose benefit the _benami property is held by a benamidar;_ (13) “Board” means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (14) “director” shall have the same meaning as assigned to it in clause (34) of section 2 of the Companies Act, 2013 (18 of 2013); (15) “executor” shall have the same meaning as assigned to it in clause (c) of section 2 of the Indian Succession Act, 1925 (39 of 1925); (16) “fair market value”, in relation to a property, means— (i) the price that the property would ordinarily fetch on sale in the open market on the date of the transaction; and (ii) where the price referred to in sub-clause (i) is not ascertainable, such price as may be determined in accordance with such manner as may be prescribed; (17) “firm” shall have the same meaning as assigned to it in section 4 of the Indian Partnership Act, 1932 (9 of 1932) and shall include a limited liability partnership as defined in the Limited Liability Partnership Act, 2008 (6 of 2009); ----- (18) “High Court” means— (i) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain; [1]*** (ii) where the Government is the aggrieved party, the High Court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain; [2][and] 2[(iii) the High Court within the jurisdiction of which the office of the Initiating Officer is located,— (a) where the aggrieved party does not ordinarily reside or carry on business or personally work for gain in the jurisdiction of any High Court; (b) where the Government is the aggrieved party and any of the respondents do not ordinarily reside or carry on business or personally work for gain in the jurisdiction of any High Court;] (19) “Initiating Officer” means an Assistant Commissioner or a Deputy Commissioner as defined in clauses (9A) and (19A) respectively of section 2 of the Income-tax Act, 1961 (43 of 1961); (20) “Member” means the Chairperson or the Member of the Adjudicating Authority or the Appellate Tribunal, as the case may be; (21) “notification” means a notification published in the Official Gazette and the expression “notified” shall be construed accordingly; (22) “partner” shall have the same meaning as assigned to it in section 4 of the Indian Partnership Act, 1932 (9 of 1932), and shall include,— (a) any person who, being a minor, has been admitted to the benefits of partnership; and (b) a partner of a limited liability partnership formed and registered under the Limited Liability Partnership Act, 2008 (6 of 2009); (23) “partnership” shall have the same meaning as assigned to it in section 4 of the Indian Partnership Act, 1932 (9 of 1932), and shall include a limited liability partnership formed and registered under the Limited Liability Partnership Act, 2008 (6 of 2009); (24) “person” shall include— (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) every artificial juridical person, not falling under sub-clauses (i) to (v); (25) “prescribed” means prescribed by rules made under this Act; (26) “property” means assets of any kind, whether movable or immovable, tangible or intangible, corporeal or incorporeal and includes any right or interest or legal documents or instruments evidencing title to or interest in the property and where the property is capable of conversion into some other form, then the property in the converted form and also includes the proceeds from the property; (27) “public financial institution” shall have the same meaning as assigned to it in clause (72) of section 2 of the Companies Act, 2013 (18 of 2013); (28) “Special Court” means a Court of Session designated as Special Court under sub-section (1) of section 50; (29) “transfer” includes sale, purchase or any other form of transfer of right, title, possession or lien; (30) “trustee” means the trustee as defined in the section 3 of the Indian Trusts Act, 1882 (2 of 1882); (31) words and expressions used herein and not defined in this Act but defined in the Indian Trusts 1. The word “and” omitted by Act 8 of 2023, s. 171 (w.e.f. 1-4-2023). 2. Ins. by s. 171, ibid. (w.e.f. 1-4-2023). ----- Act, 1882 (2 of 1882), the Indian Succession Act, 1925 (39 of 1925), the Indian Partnership Act, 1932 (9 of 1932), the Income-tax Act, 1961 (43 of 1961), the Depositories Act, 1996 (22 of 1996), the Prevention of Money-Laundering Act, 2002 (15 of 2003), the Limited Liability Partnership Act, 2008 (6 of 2009) and the Companies Act, 2013 (18 of 2013), shall have the same meanings respectively assigned to them in those Acts.] 1[CHAPTER II PROHIBITION OF BENAMI TRANSACTIONS] **3.** **Prohibition of benami transactions.—(1) No person shall enter into any benami transaction.** 2* - - - 3[(2)] Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. 4[(3) Whoever enters into any _benami_ transaction on and after the date of commencement of the _Benami_ Transactions (Prohibition) Amendment Act, 2016 (43 of 2016) shall, notwithstanding anything contained in sub-section (2), be punishable in accordance with the provisions contained in Chapter VII.] 5* - - - **4.** **Prohibition of the right to recover property held** **_benami.—(1) No suit, claim or action to_** enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property. (2) No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property. 6* - - - **7[5. Property held benami liable to confiscation.—Any property, which is subject matter of benami** transaction, shall be liable to be confiscated by the Central Government. **6.** **Prohibition on re-transfer of property by benamidar.—(1) No person, being a benamidar shall** re-transfer the _benami_ property held by him to the beneficial owner or any other person acting on his behalf. _(2)_ Where any property is re-transferred in contravention of the provisions of sub-section (1), the transaction of such property shall be deemed to be null and void. _(3)_ The provisions of sub-sections (1) and (2) shall not apply to a transfer made in accordance with the provisions of section 190 of the Finance Act, 2016 (28 of 2016).] 8[CHAPTER III AUTHORITIES **9[7. Adjudicating Authority.—The competent authority authorised under sub-section (1) of section 5** of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) shall be the Adjudicating Authority to exercise jurisdiction, powers and authority conferred by or under this Act.] **8. [Composition of Authority].—Omitted by Act 13 of 2021, s. 156 (w.e.f. 01-07-2021).** 1. Ins. by Act 43 of 2016, s. 5 (w.e.f. 1-11-2016). 2. Omitted by s. 6, ibid. (w.e.f. 1-11-2016). 3. Sub-section (3) renumbered as sub-section (2) thereof by s. 6, ibid. (w.e.f. 1-11-2016). 4. Ins. by s. 6, ibid (w.e.f. 1-11-2016). 5. Omitted by s. 6, ibid. (w.e.f. 1-11-2016). 6. Omitted by s. 7, ibid. (w.e.f. 1-11-2016). 7. Subs. by s. 8, ibid., for sections 5 and 6 (w.e.f. 1-11-2016). 8. Ins. by s. 9, ibid. (w.e.f. 1-11-2016). 9. Subs. by Act 13 of 2021, s. 155, for section 7 (w.e.f. 1-7-2021). ----- **9. [Qualifications for appointment of Chairperson and Members].—Omitted by Act 13 of 2021, s.** 156 (w.e.f. 01-07-2021). **10. [Constitution of Benches of Adjudicating Authority].—Omitted by** _ibid, s. 156 (w.e.f. 01-07-_ 2021). **11. [Power of Adjudicating Authority to regulate its own procedure].— Omitted by** _ibid, s. 156_ (w.e.f. 01-07-2021). **12. [Term of office of Chairperson and Members of Adjudicating Authority].—Omitted by ibid, s.** 156 (w.e.f. 01-07-2021). **13. [Terms and conditions of services of Chairperson and Members of Adjudicating** **Authority].—Omitted by ibid, s. 156 (w.e.f. 01-07-2021).** **14. [Removal of Chairperson and Members of Adjudicating Authority].—Omitted by ibid, s. 156** (w.e.f. 01-07-2021). **15. [Member to act as Chairperson in certain circumstances].—Omitted by ibid, s. 156 (w.e.f. 01-** 07-2021). **16. [Vacancies, etc., not to invalidate proceedings of Adjudicating Authority].—Omitted by ibid, s.** 156 (w.e.f. 01-07-2021). **17. [Officers and employees of Adjudicating Authority].—Omitted by** _ibid, s. 156 (w.e.f. 01-07-_ 2021). **18. Authorities and jurisdiction.—(1) The following shall be the authorities for the purposes of this** Act, namely:— (a) the Initiating Officer; (b) the Approving Authority; (c) the Administrator; and (d) the Adjudicating Authority. (2) The authorities shall exercise all or any of the powers and perform all or any of the functions conferred on, or, assigned, as the case may be, to it under this Act or in accordance with such rules as may be prescribed. **19. Powers of authorities.—(1) The authorities shall, for the purposes of 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) discovery and inspection; (b) enforcing the attendance of any person, including any official of a banking company or a public financial institution or any other intermediary or reporting entity, and examining him on oath; (c) compelling the production of books of account and other documents; (d) issuing commissions; (e) receiving evidence on affidavits; and (f) any other matter which may be prescribed. _(2) All the persons summoned under sub-section (1) shall be bound to attend in person or through_ authorised agents, as any authority under this Act may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. _(3) Every proceeding under sub-section (1) or sub-section (2) shall be deemed to be a judicial_ proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). _(4) For the purposes of this Act, any authority under this Act may requisition the service of any police_ officer or of any officer of the Central Government or State Government or of both to assist him for all or any of the purposes specified in sub-section (1), and it shall be the duty of every such officer to comply with the requisition or direction. ----- _(5) For the purposes of this section, “reporting entity” means any intermediary or any authority or of_ the Central or the State Government or any other person as may be notified in this behalf. _Explanation.—For the purposes of sub-section (5), “intermediary” shall have the same meaning as_ assigned to it in clause (n) of sub-section (1) of section 2 of the Prevention of Money-Laundering Act, 2002 (15 of 2003). **20. Certain officers to assist in inquiry, etc.—The following officers shall assist the authorities in the** enforcement of this Act, namely:— (a) income-tax authorities appointed under sub-section (1) of section 117 of the Income-tax Act, 1961 (43 of 1961); (b) officers of the Customs and Central Excise Departments; (c) officers appointed under sub-section (1) of section 5 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); (d) officers of the stock exchange recognised under section 4 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (e) officers of the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); (f) police; (g) officers of enforcement appointed under sub-section (1) of section 36 of the Foreign Exchange Management Act, 1999 (40 of 1999); (h) officers of the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992); (i) officers of any other body corporate constituted or established under a Central or a State Act; And (j) such other officers of the Central Government, State Government, local authorities or banking companies as the Central Government may, by notification, specify, in this behalf. **21. Power to call for information.—(1) The Initiating Officer or the Approving Authority or the** Adjudicating Authority shall have power to require any officer of the Central Government or State Government or a local body or any person or officer who is responsible for registering and maintaining books of account or other documents containing a record of any transaction relating to any property or any other person to furnish any information in relation to any person, point or matter as in his opinion shall be useful for or relevant for the purposes of this Act. (2) Without prejudice to sub-section (1), every officer or person referred to in sub-section (1) shall furnish such information to any authority under this Act in such form and manner as may be prescribed. **22. Power of authority to impound documents.—(1) Where any books of account or other** documents are produced before the authority in any proceedings under this Act and the authority in this behalf has reason to believe that any of the books of account or other documents are required to be impounded and retained for any inquiry under this Act, it may impound and retain the books of account or other documents for a period not exceeding three months from the date of order of attachment made by the Adjudicating Authority under sub-section (3) of section 26: Provided that the period for retention of the books of account or other documents may be extended beyond a period exceeding three months from the date of order of attachment made by the Adjudicating Authority under sub-section (3) of section 26 where the authority records in writing the reasons for extending the same. _(2)_ Where the authority impounding and retaining the books of account or other documents, under sub-section (1) is the Initiating Officer, he shall obtain approval of the Approving Authority within a period of fifteen days from the date of initial impounding and seek further approval of the Approving Authority for extending the period of initial retention, before the expiry of the period of initial retention, if so required. _(3)_ The period of retention of the books of account or other documents under sub-section (1) shall in no case exceed a period of thirty days from the date of conclusion of all the proceedings under this Act. ----- _(4)_ The person, from whom the books of account or other documents were impounded under sub-section (1), shall be entitled to obtain copies thereof. _(5)_ On the expiry of the period specified under sub-section (1), the books of account or other documents shall be returned to the person from whom such books of account or other documents were impounded unless the Approving Authority or the Adjudicating Authority permits their release to any other person. **23. Power of authority to conduct inquiry, etc.—The Initiating Officer, after obtaining prior** approval of the Approving Authority, shall have power to conduct or cause to be conducted any inquiry or investigation in respect of any person, place, property, assets, documents, books of account or other documents, in respect of any other relevant matters under this Act. 1[Explanation.—For the removal of doubts, it is hereby clarified that nothing contained in this section shall apply and shall be deemed to have ever applied where a notice under sub-section (1) of section 24 has been issued by the Initiating Officer.] CHAPTER IV ATTACHMENT, ADJUDICATION AND CONFISCATION **24. Notice and attachment of property involved in benami transaction.—(1) Where the Initiating** Officer, on the basis of material in his possession, has reason to believe that any person is a benamidar in respect of a property, he may, after recording reasons in writing, issue a notice to the person to show cause within such time as may be specified in the notice why the property should not be treated as _benami_ property. _(2)_ Where a notice under sub-section (1) specifies any property as being held by a benamidar referred to in that sub-section, a copy of the notice shall also be issued to the beneficial owner if his identity is known. 2[(2A) The benamidar, to whom a notice has been issued under sub-section (1), or the beneficial owner to whom a copy of such notice has been issued under sub-section (2), shall furnish the explanation or submissions, if any, within the period specified in the said notice or such period as may be extended by the Initiating Officer, not exceeding three months from the end of the month in which the said notice is issued.] _(3)_ Where the Initiating Officer is of the opinion that the person in possession of the property held _benami_ may alienate the property during the period specified in the notice, he may, with the previous approval of the Approving Authority, by order in writing, attach provisionally the property in the manner as may be prescribed, for a period not exceeding [3][four months] [4][from the last day of the month in which the notice under sub-section (1) is issued.] _(4)_ The Initiating Officer, after making such inquires and calling for such reports or evidence as he deems fit and taking into account all relevant materials, shall, within a period of [5][four months] [6][from the last day of the month in which the notice under sub-section (1) is issued],— _(a)_ where the provisional attachment has been made under sub-section (3),— _(i)_ pass an order continuing the provisional attachment of the property with the prior approval of the Approving Authority, till the passing of the order by the Adjudicating Authority under sub-section (3) of section 26; or _(ii)_ revoke the provisional attachment of the property with the prior approval of the Approving Authority; _(b)_ where provisional attachment has not been made under sub-section (3),— _(i)_ pass an order provisionally attaching the property with the prior approval of the Approving Authority, till the passing of the order by the Adjudicating Authority under sub-section (3) of section 26; or 1. Ins. by Act 23 of 2019, s. 173 (w.e.f. 1-11-2016). 2. Ins. by Act 15 of 2024, s. 158 (w.e.f. 1-10-2024). 3. Subs. by s. 158, ibid., for “ninety days” (w.e.f. 1-10-2024). 4. Subs. by Act 23 of 2019, s. 174, for “from the date of issue of notice under sub-section (1)” (w.e.f. 1-9-2019). 5. Subs. by Act 15 of 2024, s. 158, for “ninety days” (w.e.f. 1-10-2024). 6. Subs. by Act 23 of 2019, s. 174, for “from the date of issue of notice under sub-section (1)” (w.e.f. 1-9-2019). ----- _(ii)_ decide not to attach the property as specified in the notice, with the prior approval of the Approving Authority. 1[Explanation.— For the purposes of this section, in computing the period of limitation, the period during which the proceeding is stayed by an order or injunction of any court shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in sub-section (4) available to the Initiating Officer for passing order of attachment is less than thirty days, such remaining period shall be deemed to be extended to thirty days: Provided further that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in sub-section (5) available to the Initiating Officer to refer the order of attachment to Adjudicating Authority is less than seven days, such remaining period shall be deemed to be extended to seven days.] _(5)_ Where the Initiating Officer passes an order continuing the provisional attachment of the property under sub-clause (i) of clause (a) of sub-section (4) or passes an order provisionally attaching the property under sub-clause (i) of clause (b) of that sub-section, he shall, within [2][one month from the end of the month in which the said order has been passed], draw up a statement of the case and refer it to the Adjudicating Authority. **25. Manner of service of notice.—(1) A notice under sub-section (1) of section 24 may be served on** the person named therein either by post or as if it were a summons issued by a Court under the Code of Civil Procedure, 1908 (5 of 1908). _(2)_ Any notice referred to in sub-section (1) may be addressed— _(i)_ in case of an individual, to such individual; _(ii)_ in the case of a firm, to the managing partner or the manager of the firm; _(iii)_ in the case of a Hindu undivided family, to Karta or any member of such family; _(iv)_ in the case of a company, to the principal officer thereof; _(v)_ in the case of any other association or body of individuals, to the principal officer or any member thereof; _(vi)_ in the case of any other person (not being an individual), to the person who manages or controls his affairs. **26. Adjudication of** **_benami_** **property.—(1) On receipt of a reference under sub-section (5) of** section 24, the Adjudicating Authority shall issue notice, to furnish such documents, particulars or evidence as is considered necessary on a date to be specified therein, on the following persons, namely:— (a) the person specified as a benamidar therein; (b) any person referred to as the beneficial owner therein or identified as such; (c) any interested party, including a banking company; (d) any person who has made a claim in respect of the property: Provided that the Adjudicating Authority shall issue notice within a period of thirty days from the date on which a reference has been received: Provided further that the notice shall provide a period of not less than thirty days to the person to whom the notice is issued to furnish the information sought. _(2)_ Where the property is held jointly by more than one person, the Adjudicating Authority shall make all endeavours to serve notice to all persons holding the property: Provided that where the notice is served on anyone of the persons, the service of notice shall not be invalid on the ground that the said notice was not served to all the persons holding the property. _(3)_ The Adjudicating Authority shall, after— (a) considering the reply, if any, to the notice issued under sub-section (1); (b) making or causing to be made such inquiries and calling for such reports or evidence as it 1. Ins. by Act 23 of 2019, s. 174 (w.e.f. 1-9-2019). 2. Subs. by Act 15 of 2024, s. 158, for “fifteen days from the date of the attachment” (w.e.f. 1-10-2024). ----- deems fit; and (c) taking into account all relevant materials, provide an opportunity of being heard to the person specified as a _benamidar_ therein, the Initiating Officer, and any other person who claims to be the owner of the property, and, thereafter, pass an order— _(i)_ holding the property not to be a benami property and revoking the attachment order; or _(ii)_ holding the property to be a benami property and confirming the attachment order, in all other cases. _(4)_ Where the Adjudicating Authority is satisfied that some part of the properties in respect of which reference has been made to him is benami property, but is not able to specifically identify such part, he shall record a finding to the best of his judgment as to which part of the properties is held benami. _(5)_ Where in the course of proceedings before it, the Adjudicating Authority has reason to believe that a property, other than a property referred to it by the Initiating Officer is _benami_ property, it shall provisionally attach the property and the property shall be deemed to be a property referred to it on the date of receipt of the reference under sub-section (5) of section 24. _(6)_ The Adjudicating Authority may, at any stage of the proceedings, either on the application of any party, or _suo motu, strike out the name of any party improperly joined or add the name of any person_ whose presence before the Adjudicating Authority may be necessary to enable him to adjudicate upon and settle all the questions involved in the reference. _(7)_ No order under sub-section (3) shall be passed after the expiry of one year from the end of the month in which the reference under sub-section (5) of section 24 was received. 1[Explanation.—For the purposes of this sub-section, in computing the period of limitation, the period during which the proceeding is stayed by an order or injunction of any court shall be excluded: Provided that where immediately after the exclusion of the aforesaid period, the period of limitation available to the Adjudicating Authority for passing order is less than sixty days, such remaining period shall be deemed to be extended to sixty days.] 2[Provided that where the time limit for passing order under this sub-section expires during the period beginning from the 1st day of July, 2021 and ending on the 29th day of September, 2021, the time limit for passing such order shall be extended to the 30th day of September, 2021.] _(8)_ The benamidar or any other person who claims to be the owner of the property may either appear in person or take the assistance of an authorised representative of his choice to present his case. _Explanation.—For the purposes of sub-section (8), authorised representative means a person_ authorised in writing, being— _(i)_ a person related to the _benamidar_ or such other person in any manner, or a person regularly employed by the benamidar or such other person as the case may be; or _(ii)_ any officer of a scheduled bank with which the _benamidar_ or such other person maintains an account or has other regular dealings; or _(iii)_ any legal practitioner who is entitled to practice in any civil court in India; or _(iv)_ any person who has passed any accountancy examination recognised in this behalf by the Board; or _(v)_ any person who has acquired such educational qualifications as the Board may prescribe for this purpose. **27. Confiscation and vesting of benami property.—(1) Where an order is passed in respect of any** 1. Ins. by Act 23 of 2019, s. 175 (w.e.f. 1-9-2019). 2. Ins. by Act 13 of 2021, s. 157 (w.e.f. 1-7-2021). ----- property under sub-section (3) of section 26 holding such property to be a _benami_ property, the Adjudicating Authority shall, after giving an opportunity of being heard to the person concerned, make an order confiscating the property held to be a benami property: Provided that where an appeal has been filed against the order of the Adjudicating Authority, the confiscation of property shall be made subject to the order passed by the Appellate Tribunal under section 46: Provided further that the confiscation of the property shall be made in accordance with such procedure as may be prescribed. _(2)_ Nothing in sub-section (1) shall apply to a property held or acquired by a person from the _benamidar_ for adequate consideration, prior to the issue of notice under sub-section (1) of section 24 without his having knowledge of the benami transaction. _(3)_ Where an order of confiscation has been made under sub-section (1), all the rights and title in such property shall vest absolutely in the Central Government free of all encumbrances and no compensation shall be payable in respect of such confiscation. _(4)_ Any right of any third person created in such property with a view to defeat the purposes of this Act shall be null and void. _(5)_ Where no order of confiscation is made upon the proceedings under this Act attaining finality, no claim shall lie against the Government. **28. Management of properties confiscated.—(1) The Administrator shall have the power to receive** and manage the property, in relation to which an order of confiscation under sub-section (1) of section 27 has been made, in such manner and subject to such conditions, as may be prescribed. _(2)_ The Central Government may, by order published in the Official Gazette, notify as many of its officers as it thinks fit, to perform the functions of Administrators. _(3)_ The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is vested in the Central Government under sub-section (3) of section 27, in such manner and subject to such conditions as may be prescribed. **29. Possession of the property.—(1) Where an order of confiscation in respect of a property under** sub-section (1) of section 27, has been made, the Administrator shall proceed to take the possession of the property. _(2)_ The Administrator shall,— _(a)_ by notice in writing, order within seven days of the date of the service of notice to any person, who may be in possession of the _benami_ property, to surrender or deliver possession thereof to the Administrator or any other person duly authorised in writing by him in this behalf; _(b)_ in the event of non-compliance of the order referred to in clause (a), or if in his opinion, taking over of immediate possession is warranted, for the purpose of forcibly taking over possession, requisition the service of any police officer to assist him and it shall be the duty of the officer to comply with the requisition. CHAPTER V APPELLATE TRIBUNAL **30. Establishment of Appellate Tribunal.—The Central Government shall, by notification, establish** an Appellate Tribunal to hear appeals against the orders of [1][any authority] under this Act. **31. Composition etc., of Appellate Tribunal.—(1) The Appellate Tribunal shall consist of a** Chairperson and at least two other Members of which one shall be a Judicial Member and other shall be an Administrative Member. _(2)_ Subject to the provisions of this Act,— _(a)_ the jurisdiction of the Appellate Tribunal may be exercised by Benches thereof; 1. Subs. by Act 23 of 2019, s. 176, for “the Adjudicating Authority” (w.e.f. 1-9-2019). ----- _(b)_ a Bench may be constituted by the Chairperson with two Members as the Chairperson may deem fit; _(c)_ the Benches of the Appellate Tribunal shall ordinarily sit in the National Capital Territory of Delhi and at such other places as the Central Government may, in consultation with the Chairperson, by notification, specify; _(d)_ the Central Government shall, by notification, specify the areas in relation to which each Bench of the Appellate Tribunal may exercise its jurisdiction. _(3)Notwithstanding anything contained in sub-section (2), the Chairperson may transfer a Member_ from one Bench to another Bench. **32. Qualifications for appointment of Chairperson and Members of Appellate Tribunal.—(1) A** person shall not be qualified for appointment as Chairperson of the Appellate Tribunal unless he is a sitting or retired Judge of a High Court, who has completed not less than five years’ of service. _(2)_ A person shall not be qualified for appointment as a Member unless he— _(a)_ in the case of a Judicial Member, has been a Member of the Indian Legal Service and has held the post of Additional Secretary or equivalent post in that Service; _(b)_ in the case of an Administrative Member, has been a Member of the Indian Revenue Service and has held the post of Chief Commissioner of Income tax or equivalent post in that Service. _(3)_ No sitting Judge of a High Court shall be appointed under this section except after consultation with the Chief Justice of the High Court. _(4)_ The Chairperson or a Member holding a post as such in any other Tribunal, established under any law for the time being in force, in addition to his being the Chairperson or a Member of that Tribunal, may be appointed as the Chairperson or a Member, as the case may be, of the Appellate Tribunal under this Act. **33. Terms and conditions of services of Chairperson and Members of Appellate Tribunal.—(1)** The salary and allowances payable to, and the other terms and conditions of service of the Chairperson and other Members shall be such as may be prescribed and shall not be varied to their disadvantage during their tenure. (2) Any vacancy caused to the office of the Chairperson or any other Member shall be filled up within a period of three months from the date on which such vacancy occurs. **34. Term of office of Chairperson and Members.—The Chairperson and Members of the Appellate** Tribunal shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment. **35. Removal of Chairperson and Member from office in certain circumstances.—(1) The Central** Government may, in consultation with the Chief Justice of High Court, remove from office of the Chairperson or any Member, who— (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government involves moral turpitude; or (c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. _(2)_ The Chairperson or Judicial Member shall not be removed from his office except by an order made by the Central Government after an inquiry made by Chief Justice of the High Court in which the Chairperson or Judicial Member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. _(3)_ The Central Government may suspend from office the Chairperson or Judicial Member in respect ----- of whom a reference of conducting an inquiry has been made to the Chief Justice of the High Court under sub-section (2), until the Central Government passes an order on receipt of the report of inquiry made by Chief Justice of the High Court on the reference. _(4)_ The Central Government may regulate the procedure for inquiry referred to in sub-section (2) in the manner as may be prescribed. _(5)_ The Administrative Member may be removed from his office by an order of the Central Government on the grounds specified in sub-section (1) and in accordance with the procedure notified by the Central Government: Provided that the Administrative Member shall not be removed unless he has been given an opportunity of being heard in the matter. **36. Vacancies, etc., not to invalidate proceedings of Appellate Tribunal.—No act or proceeding of** the Appellate Tribunal shall be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of the Tribunal; or (b) any defect in the appointment of a person acting as a Member of the Tribunal; or (c) any irregularity in the procedure of the Tribunal not affecting the merits of the case. **37. Resignation and removal.—The Chairperson or any other Member may, by notice in writing** under his hand addressed to the Central Government, resign his office: Provided that the Chairperson or any other Member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of the notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier. **38. Member to act as Chairperson in certain circumstances.—(1) In the event of the occurrence of** any vacancy in the office of the Chairperson of the Appellate Tribunal by reason of his death, resignation or otherwise, the senior-most Member shall act as the Chairperson until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office. (2) When the Chairperson is unable to discharge his functions owing to absence, illness or any other cause, the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties. **39. Staff of Appellate Tribunal.—(1) The Central Government shall provide the Appellate Tribunal** with such officers and employees as it may thinks fit. _(2)_ The officers and employees of the Appellate Tribunal shall discharge their functions under the general superintendence of the Chairperson. _(3)_ The salaries and allowances and other conditions of service of the officers and employees of the Appellate Tribunal shall be such, as may be prescribed. **40. Procedure and powers of Appellate Tribunal.—(1) The Appellate Tribunal shall not be bound** by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure. _(2)_ The Appellate Tribunal shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— _(a)_ summoning and enforcing the attendance of any person and examining him on oath; _(b)_ requiring the discovery and production of documents; _(c)_ receiving evidence on affidavits; _(d)_ subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from ----- any office; _(e)_ issuing commissions for the examination of witnesses or documents; _(f)_ reviewing its decisions; _(g)_ dismissing a representation for default or deciding it ex parte; _(h)_ setting aside any order of dismissal of any representation for default or any order passed by it _ex parte; and_ _(i)_ any other matter, which may be, prescribed by the Central Government. _(3) An order made by the Appellate Tribunal under this Act shall be executable by it as a decree of_ civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court. _(4)_ Notwithstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having jurisdiction and the civil court shall execute the order as if it were a decree made by that court. _(5)_ All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Appellate Tribunal 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). **41. Distribution of business amongst Benches of Appellate Tribunal.—Where any Benches are** constituted, the Chairperson may, from time to time, by notification, make provision as to the distribution of the business of the Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with by each Bench. **42. Power of Chairperson of Appellate Tribunal to transfer cases.—On the application of any of** the parties and notice to the parties, and after hearing them, or on his own motion without any notice, the Chairperson of the Appellate Tribunal may transfer any case pending before one Bench, for disposal, to any other Bench. **43. Decision to be by majority.—If the Members of a Bench consisting of two Members differ in** opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson of the Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing on the point or points by one or more of the other Members and the point or points shall be decided according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case, including those who first heard it. **44. Members, etc., to be public servants.—The Chairperson, Members and other officers and** employees of the Appellate Tribunal, the Adjudicating Authority, Approving Authority, Initiating Officer, Administrator and the officers subordinate to all of them shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **45. Bar of jurisdiction of civil courts.—No civil court shall have jurisdiction to entertain any suit or** proceeding in respect of any matter which any of the authorities, an Adjudicating Authority or the Appellate Tribunal is empowered by or under this Act to determine, and no injunction shall be granted by any court or other forum in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. **46. Appeals to Appellate Tribunal.—(1) Any person, including the Initiating Officer, aggrieved by** an order of the Adjudicating Authority may prefer an appeal in such form and along with such fees, as may be prescribed, to the Appellate Tribunal against the order passed by the Adjudicating Authority under sub-section (3) of section 26, within a period of forty-five days from the date [1][on which such order is received by the Initiating Officer or received by such person.] 2[(1A) Any person aggrieved by an order passed by the authority under section 54A may prefer an appeal in such form along with such fees, as may be prescribed, to the Appellate Tribunal against the said order within a period of forty-five days from the date [3][on which such order is received by such person.] _(2)_ The Appellate Tribunal may entertain any appeal after the said period of forty-five days, if it is 1. Subs. by Act 8 of 2023, s. 171, for “of the order” (w.e.f. 1-4-2023). 2. Ins. by Act 23 of 2019, s. 177 (w.e.f. 1-9-2019). 3. Subs. by Act 8 of 2023, s. 171, for “of that order” (w.e.f. 1-4-2023). ----- satisfied that the appellant was prevented, by sufficient cause, from filing the appeal in time. _(3)_ On receipt of an appeal under sub-section (1), [2][or sub-section (1A)] the Appellate Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. _(4)_ An Appellate Tribunal while deciding the appeal shall have the power— _(a)_ to determine a case finally, where the evidence on record is sufficient; _(b)_ to take additional evidence or to require any evidence to be taken by the Adjudicating Authority, where the Adjudicating Authority has refused to admit evidence, which ought to have been admitted; _(c)_ to require any document to be produced or any witness to be examined for the purposes of proceeding before it; _(d)_ to frame issues which appear to the Appellate Tribunal essential for adjudication of the case and refer them to the Adjudicating Authority for determination; _(e)_ to pass final order and affirm, vary or reverse an order of adjudication passed by the Adjudicating Authority and pass such other order or orders as may be necessary to meet the ends of justice. _(5)_ The Appellate Tribunal, as far as possible, may hear and finally decide the appeal within a period of one year from the last date of the month in which the appeal is filed. **47. Rectification of mistakes.—[1][(1) The Appellate Tribunal or any authority may, in order to rectify** any mistake apparent on the face of the record, amend any order passed by it under the provisions of this Act, within a period of one year from the end of the month in which such order was passed.] (2) No amendment shall be made under sub-section (1), if the amendment is likely to affect any person prejudicially, unless he has been given notice of intention to do so and has been given an opportunity of being heard. **48. Right to representation.—(1) A person preferring an appeal to the Appellate Tribunal under this** Act may either appear in person or take the assistance of an authorised representative of his choice to present his case before the Appellate Tribunal. _(2)_ The Central Government may authorise one or more of its officers to act as presenting officers on its behalf, and every person so authorised may present the case with respect to any appeal before the Appellate Tribunal. _Explanation.—For the purposes of this section, “authorised representative” means a person authorised_ by the appellant in writing to appear on his behalf, being— _(i)_ a person related to the appellant in any manner, or a person regularly employed by the appellant; or _(ii)_ any officer of a scheduled bank with which the appellant maintains an account or has other regular dealings; or _(iii)_ any legal practitioner who is entitled to practice in any civil court in India; or _(iv)_ any person who has passed any accountancy examination recognised in this behalf by the Board; or _(v)_ any person who has acquired such educational qualifications as the Board may prescribe for this purpose. **49. Appeal to High Court.—(1) Any party aggrieved by any decision or order of the Appellate** Tribunal may file an appeal to the High Court within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order. 1. Subs. by Act 23 of 2019, s.178, for sub-section (1) (w.e.f. 1-9-2019). ----- _(2)_ The High Court may entertain any appeal after the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the period specified in sub-section (1). _(3)_ Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. _(4)_ The appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question. _(5)_ Nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question. _(6)_ The High Court shall decide the question of law so formulated and deliver the judgment thereon containing the grounds on which any decision is founded and may award any cost as it deems fit. _(7)_ The High Court may determine any issue which— _(a)_ has not been determined by the Appellate Tribunal; or _(b)_ has been wrongly determined by the Appellate Tribunal, by reason of a decision on such question of law as is referred to in sub-section (1). _(8)_ Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section. CHAPTER VI SPECIAL COURTS **50. Special Courts.—(1) The Central Government, in consultation with the Chief Justice of the High** Court, shall, for trial of an offence punishable under this Act, by notification, designate one or more Courts of Session as Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification. _(2)_ While trying an offence under this Act, a Special Court shall also try an offence other than an offence referred to in sub-section (1), with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. _(3)_ The Special Court shall not take cognizance of any offence punishable under this Act except upon a complaint in writing made by— _(i)_ the authority; or _(ii)_ any officer of the Central Government or State Government authorised in writing by that Government by a general or special order made in this behalf. _(4)_ Every trial under this section shall be conducted as expeditiously as possible and every endeavour shall be made by the Special Court to conclude the trial within six months from the date of filing of the complaint. **51. Application of Code of Criminal Procedure, 1973 to proceedings before Special Court.—(1)** Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to the proceedings before a Special Court and the persons conducting the prosecution before the Special Court, shall be deemed to be Public Prosecutors: Provided that the Central Government may also appoint for any case or class or group of cases, a Special Public Prosecutor. _(2)_ A person shall not be qualified to be appointed as a Public Prosecutor or a Special Public Prosecutor under this section unless, the Public Prosecutor has been in practice as an advocate for not less than seven years, and the Special Public Prosecutor has been in practice as an advocate for not less than ten years in any court. _(3)_ Every person appointed as a Public Prosecutor or a Special Public Prosecutor under this section ----- shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974) and the provisions of that Code shall have effect accordingly. **52. Appeal and revision.—The High Court may exercise, so far as may be applicable, all the powers** conferred by Chapter XXIX or Chapter XXX of the Code of Criminal Procedure, 1973 (2 of 1974), on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. CHAPTER VII OFFENCES AND PROSECUTION **53. Penalty for benami transaction.—(1) Where any person enters into a benami transaction in order** to defeat the provisions of any law or to avoid payment of statutory dues or to avoid payment to creditors, the beneficial owner, benamidar and any other person who abets or induces any person to enter into the _benami transaction, shall be guilty of the offence of benami transaction._ (2) Whoever is found guilty of the offence of benami transaction referred to in sub-section (1) shall be punishable with rigorous imprisonment for a term which shall not be less than one year, but which may extend to seven years and shall also be liable to fine which may extend to twenty-five per cent. of the fair market value of the property. **54. Penalty for false information.—Any person who is required to furnish information under this Act** knowingly gives false information to any authority or furnishes any false document in any proceeding under this Act, shall be punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to five years and shall also be liable to fine which may extend to ten per cent. of the fair market value of the property. 1[54A. Penalty for failure to comply with notices or furnish information.—(1) Any person who fails to, — (i) comply with summons issued under sub-section (1) of section 19; or (ii) furnish information as required under section 21, shall be liable to pay penalty of twenty-five thousand rupees for each such failure. (2) The penalty under sub-section (1) shall be imposed by the authority who had issued the summons or called for the information. (3) No order under sub-section (2) shall be passed by the authority unless the person on whom the penalty is to be imposed has been given an opportunity of being heard: Provided that no penalty shall be imposed if, such person proves that there were good and sufficient reasons which prevented him from complying with the summons or furnishing information. **54B. Proof of entries in records or documents.--The entries in the records or other documents in the** custody of an authority shall be admitted in evidence in any proceedings for the prosecution of any person for an offence under section 3 or this Chapter, as the case may be, and all such entries may be proved either by— (i) the production of the records or other documents in the custody of the authority containing such entries; or (ii) the production of a copy of the entries certified by the authority having custody of the records or other documents under its signature stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents in its custody.] **55. Previous sanction.—No prosecution shall be instituted against any person in respect of any** offence under sections 3, 53 or section 54 without the previous sanction of the [2][competent authority].] 3[Explanation.—For the purposes of this section, “competent authority” means a Commissioner, a 1. Ins. by Act 23 of 2019, s. 179 (w.e.f. 1-9-2019). 2. Subs. by Act 23 of 2019, s. 180, for “Board” (w.e.f. 1-9-2019). 3. Ins. by s. 180, ibid. (w.e.f. 1-9-2019). ----- Director, a Principal Commissioner of Income-tax or a Principal Director of Income-tax as defined in clause (16), clause (21), clause (34B) and clause (34C), respectively, of section 2 of the Income-tax Act, 1961 (43 of 1961).] 1[55A. Power to tender Immunity from prosecution.—(1) The Initiating Officer may, with a view to obtaining the evidence of the _benamidar or any other person as referred to in section 53, other than the_ beneficial owner, tender immunity from prosecution for any offence under the said section to the _benamidar or such other person, with the previous sanction of the competent authority as referred to in_ section 55, on the condition that the benamidar or such other person makes a full and true disclosure of the whole circumstances relating to the benami transaction. (2) The tender of immunity made to, and accepted by, the benamidar or such other person, shall, to the extent to which the immunity extends, render him immune from prosecution for the offence in respect of which the tender was made and from the imposition of any penalty under section 53. (3) If it appears to the Initiating Officer that any person to whom immunity has been tendered under this section has not complied with the conditions subject to which the tender was made, or is wilfully concealing anything, or is giving false evidence, the Initiating Officer may record a finding to that effect, and with the previous sanction of the competent authority as referred to in section 55, withdraw the immunity tendered. (4) Any person against whom the immunity tendered is withdrawn in accordance with sub-section (3), may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have committed in connection with the same transaction and shall also be liable to any penalty under this Act to which he would otherwise have been liable.] 2[CHAPTER VIII MISCELLANEOUS **56. Repeal of provisions of certain Acts.—(1) Sections 81, 82 and 94 of the Indian Trusts Act, 1882** (2 of 1882), section 66 of the Code of Civil Procedure, 1908 (5 of 1908) and section 281A of the Incometax Act, 1961 (43 of 1961), are hereby repealed. (2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall affect the continued operation of section 281A of the Income-tax Act, 1961 (43 of 1961) in the State of Jammu and Kashmir. **57. Certain transfers to be null and void.—Notwithstanding anything contained in the Transfer of** the Property Act, 1882 (4 of 1882) or any other law for the time being in force, where, after the issue of a notice under section 24, any property referred to in the said notice is transferred by any mode whatsoever, the transfer shall, for the purposes of the proceedings under this Act, be ignored and if the property is subsequently confiscated by the Central Government under section 27, then, the transfer of the property shall be deemed to be null and void. **58. Exemption.—(1) The Central Government may, by notification, exempt any property relating to** charitable or religious trusts from the operation of this Act. (2) Every notification issued under sub-section (1) shall be laid before each House of Parliament. **59. Power of Central Government to issue directions, etc.—(1) The Central Government may, from** time to time, issue such orders, instructions or directions to the authorities or require any person to furnish information as it may deem fit for the proper administration of this Act and such authorities and all other persons employed in execution of this Act shall observe and follow the orders, instructions and directions of the Central Government. _(2)_ In issuing the directions or orders referred to in sub-section (1), the Central Government may have regard to anyone or more of the following criteria, namely:— _(a)_ territorial area; 1. Ins. by Act 15 of 2024, s. 158 (w.e.f. 1-10-2024). 2. Subs. by Act 43 of 2016, s. 10, for sections 7 and 8 (w.e.f. 1-11-2016). ----- _(b)_ classes of persons; _(c)_ classes of cases; and _(d)_ any other criterion that may be specified by the Central Government in this behalf. _(3)_ No orders, instructions or directions under sub-section (1) shall be issued so as to— _(a)_ require any authority to decide a particular case in a particular manner; or _(b)_ interfere with the discretion of the Adjudicating Authority in the discharge of its functions. **60.** **Application of other laws not barred.—The provisions of this Act shall be in addition to, and** not, save as hereinafter expressly provided, in derogation of any other law for the time being in force. **61.** **Offences to be non-cognizable.—Notwithstanding anything contained in the Code of Criminal** Procedure, 1973 (2 of 1974), an offence under this Act shall be non-cognizable. **62.** **Offences by companies.—(1) Where a person committing contravention of any of the provisions** of this Act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company, for the conduct of 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. _(2)_ Nothing contained in sub-section (1), shall render any person liable to punishment if he proves that the contravention took place without his knowledge. _(3)_ Notwithstanding anything contained in sub-section (1), where a contravention of any of the provisions of this Act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place 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, the director, manager, secretary or other officer shal1 also be deemed to be guilty of the contravention 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— _(i)_ a firm; and _(ii)_ an association of persons or a body of individuals whether incorporated or not; and _(b)_ “director”, in relation to— _(i)_ a firm, means a partner in the firm; _(ii)_ any association of persons or a body of individuals, means any member controlling the affairs thereof. **63.** **Notice, etc., not to be invalid on certain grounds.—No notice, summons, order, document or** other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid, or shall be deemed to be invalid merely by reason of any mistake, defect or omission in the notice, summons, order, document or other proceeding if the notice, summons, order, document or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this Act. **64.** **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 Appellate Tribunal or the Adjudicating Authority established under this Act, for anything done or intended to be done in good faith under this Act. **65.** **Transfer of pending cases.—(1) Every suit or proceeding in respect of a** _benami_ transaction pending in any Court (other than a High Court) or Tribunal or before any forum on the date of the commencement of this Act shall stand transferred to the Adjudicating Authority or the Appellate Tribunal, as the case may be, having jurisdiction in the matter. _(2)_ Where any suit, or other proceeding stands transferred to the Adjudicating Authority or the Appellate Tribunal under sub-section (1),— ----- _(a)_ the court, Tribunal or other forum shall, as soon as may be, after the transfer, forward the records of the suit, or other proceeding to the Adjudicating Authority or the Appellate Tribunal, as the case may be; _(b)_ the Adjudicating Authority may, on receipt of the records, proceed to deal with the suit, or other proceeding, so far as may be, in the same manner as in the case of a reference made under subsection (5) of section 24, from the stage which was reached before the transfer or from any earlier stage or de novo as the Adjudicating Authority may deem fit. **66.** **Proceedings, etc., against legal representative.—(1) Where a person dies during the course of** any proceeding under this Act, any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased. _(2)_ Any proceeding which could have been taken against the deceased if he had survived may be taken against the legal representative and all the provisions of this Act, except sub-section (2) of section 3 and the provisions of Chapter VII, shall apply accordingly. _(3)_ Where any property of a person has been held benami under sub-section (3) of section 26, then, it shall be lawful for the legal representative of the person to prefer an appeal to the Appellate Tribunal, in place of the person and the provisions of section 46 shall, so far as may be, apply, or continue to apply, to the appeal. **67.** **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. **68.** **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) manner of ascertaining the fair market value under clause 16 of section 2; 1* - - - (d) the powers and functions of the authorities under sub-section (2) of section 18; (e) other powers of the authorities under clause (f) of sub-section (1) of section 19; (f) the form and manner of furnishing any information to the authority under sub-section (2) of section 21; (g) the manner of provisional attachment of property under sub-section (3) of section 24; (h) the procedure for confiscation of _benami property under the second proviso to sub-section_ (1) of section 27; (i) the manner and conditions to receive and manage the property under sub-section (1) of section 28; (j) the manner and conditions of disposal of property vested in the Central Government under sub-section (3) of section 28; (k) the salaries and allowances payable to and the other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal under sub-section (1) of section 33; (l) the manner of prescribing procedure for removal of Chairperson or Member under sub-section (4) of section 35; (m) the salaries and allowances payable to and the other terms and conditions of service of the officers and employees of the Appellate Tribunal under sub-section (3) of section 39; (n) any power of the Appellate Tribunal under clause (i) of sub-section (2) of section 40; (o) the form in which appeal shall be filed and the fee for filing the appeal under sub-section (1) of section 46; 1. Clauses (b) and (c) omitted by Act 13 of 2021, s. 158 (w.e.f. 1-7-2021). ----- (p) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. **69.** **Laying of rules and notifications before Parliament.—Every rule made and 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 rules or notifications, as the case may be, both Houses agree that the rules or notifications, as the case may be, should not be made or issued, the rule or notification, as the case may be, 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, as the case may be. **70.** **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 may appear to be necessary for removing the difficulty. _(2)_ No order shall be made under this section after the expiry of two years from the commencement of this Act. _(3)_ Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **71.** **Transitional provision.—The Central Government may, by notification, provide that until the** Adjudicating Authorities are appointed and the Appellate Tribunal is established under this Act, the Adjudicating Authority appointed under sub-section (1) of section 6 of the Money-Laundering Act, 2002 (15 of 2003) and the Appellate Tribunal established under section 25 of that Act may discharge the functions of the Adjudicating Authority and Appellate Tribunal, respectively, under this Act.] **1[72.] Repeal and saving.—(1) The** _Benami_ Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988 (Ord. 2 of 1988) 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 9 renumbered as section 72 thereof by Act 43 of 2016, s. 11 (w.e.f. 1-11-2016). -----

6-Sep-1988

46

The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1887/1/a1988-46.pdf

central

# THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 _______________ 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. Grounds of detention severable. 7. Detention orders not to be invalid or inoperative on certain grounds. 8. Powers in relation to absconding persons. 9. Advisory Boards. 10. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board. 11. Maximum period of detention. 12. Revocation of detention orders 13. Temporary release of persons detaine 14. Protection of action taken in good faith 15. [Repealed.] 16. Repeal and saving 1 ----- # THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 ACT NO. 46 OF 1988 [6[th]September, 1988.] # An Act to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and for matters connected therewith. WHEREAS illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and the activities of persons engaged in such illicit traffic have a deleterious effect on the national economy; ANDWHEREAS having regard to the persons by whom and the manner in which such activities are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to the illicit traffic in narcotic drugs and psychotropic substances, such activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner therewith. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Prevention of Illicit** Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. (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 4th day of July, 1988. **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) “customs airport” means any airport appointed under clause (a) of section 7 of the Customs Act, 1962 (52 of 1962) to be a customs airport; (c) “detention order” means an order made under section 3; (d) “foreigner” has the same meaning as in the Foreigners Act, 1946 (31 of 1946); (e) “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means— (i) cultivating any coca plant or gathering any portion of coca plant; (ii) cultivating the opium poppy or any cannabis plant; (iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances other than those provided in sub-clauses (i) to (iii); 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 ----- (v) handling or letting any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv), other than those permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder and includes— (1) financing, directly or indirectly, any of the aforementioned activities; (2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and (3) harbouring persons engaged in any of the aforementioned activities; (f) “Indian customs waters” has the same meaning as in clause (28) of section 2 of the Customs Act, 1962 (52 of 1962); (g) “State Government”, in relation to a Union territory, means the Administrator thereof; (h) words and expressions used herein but not defined, and defined in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), have the meanings respectively assigned to them in that Act. **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 (including a foreigner) that, with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, it is necessary so to do, make an order directing that such person be detained. (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. 3 ----- **6. 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. **7. 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. **8. 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 cognizable. **9. 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; 4 ----- (b) save as otherwise provided in section 10, 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. **10. 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 [1][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 engaging in illicit traffic in narcotic drugs and psychotropic substances, 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 engages or is likely to engage in illicit traffic in narcotic drugs and psychotropic substances into, out of, through or within any area highly vulnerable to such illicit traffic 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 such illicit traffic” means—_ (i) the India customs waters; (ii) the customs airports; (iii) the metropolitan cities of Bombay, Calcutta, Delhi, Madras and the city of Varanasi; 1. Subs. by Act 16 of 1996, s. 2, for “31st day of July, 1996” (w.e.f. 30-7-1990). 5 ----- (iv) the inland area one hundred kilometres in width from the coast of India falling within the territories of the States of Andhra Pradesh, Goa, Gujarat, Karnataka, Kerala, Maharashtra, Orissa, Tamil Nadu and West Bengal and the Union territories of Daman and Diu and Pondicherry; (v) the inland area one hundred kilometres in width from— (a) the India-Pakistan border in the States of Gujarat, Punjab and Rajasthan; (b) the India-Nepal border in the States of Bihar, Sikkim, Uttar Pradesh and West Bengal; (c) the India-Burma border in the States of Arunachal Pradesh, Manipur, Mizoram and Nagaland; (d) the India-Bangladesh border in the States of Assam, Meghalaya, Tripura and West Bengal; (e) the India-Bhutan border in the States of Arunachal Pradesh, Assam, Sikkim and West Bengal; (vi) such other area or customs station, as the Central Government may, having regard to the vulnerability of such area or customs station, as the case may be, to illicit traffic, by notification in the Official Gazette, specify in this behalf. _Explanation 2.—For the purposes of_ _Explanation 1, “customs station” has the same meaning as in_ clause (13) of section 2 of the Customs Act, 1962 (52 of 1962). (2) In the case of any person detained under a detention order to which the provisions of sub-section (1) apply, section 9 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),— (a) for the words “the detention of the person concerned”, the words “the continued detention of the person concerned” shall be substituted; (b) 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. **11. 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 10 do not apply and which has been confirmed under clause (f) of section 9 shall be one year from the date of detention, and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 10 apply and which has been confirmed under clause (f) of section 9, read with sub-section (2) of section 10, shall be two years from the date of detention: Provided that nothing contained in this section shall affect the power of appropriate Government in either case to revoke or modify the detention order at any earlier time. **12. 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; 6 ----- (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. **13. Temporary release of persons detained.—(1) The Central 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 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. (2) 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 the person accepts, and may, at any time, cancel his release. (3) In directing the release of any person under sub-section (1) or sub-section (2), 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. (4) Any person released under sub-section (1) or sub-section (2) 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. (5) If any person fails without sufficient cause to surrender himself in the manner specified in subsection (4), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (6) If any person released under sub-section (1) or sub-section (2) 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. (7) 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. **14. 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. **15. [Amendment of Act 52 of 1974.] Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s.2** _and the First Schedule (w.e.f.3-9-2001)._ **16. Repeal and saving.—(1) The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic** Substances Ordinance, 1988 (Ord. 7 of 1988), 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. 7 -----

9-Sep-1988

49

The Prevention of Corruption Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1558/1/A1988-49.pdf

central

# THE PREVENTION OF CORRUPTION ACT, 1988 _________ # ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. 2. Definitions. CHAPTER II APPOINTMENT OF SPECIAL JUDGES 3. Power to appoint special Judges. 4. Cases triable by special Judges. 5. Procedure and powers of special Judge. 6. Power to try summarily. CHAPTER III OFFENCES AND PENALTIES 7. Offence relating to public servant being bribed. 7A. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. 8. Offence relating to bribing of a public servant. 9. Offence relating to bribing a public servant by a commercial organisation. 10. Person in charge of commercial organisation to be guilty of offence. 11. Public servant obtaining undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant. 12. Punishment for abetment of offences. 13. Criminal misconduct by a public servant. 14. Punishment for habitual offender. 15. Punishment for attempt. 16. Matters to be taken into consideration for fixing fine. CHAPTER IV INVESTIGATION INTO CASES UNDER THE ACT 17. Persons authorised to investigate. 17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties. 18. Power to inspect bankers’ books. CHAPTER IV A ATTACHMENT AND FORFEITURE OF PROPERTY 18A. Provisions of Criminal Law Amendment Ordinance, 1944 to apply to attachment under this Act. 1 ----- CHAPTER V SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONS SECTIONS 19. Previous sanction necessary for prosecution. 20. Presumption where public servant accepts any undue advantage. 21. Accused person to be a competent witness. 22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications. 23. Particulars in a charge in relation to an offence under section 13 (1) (a). 24. [Omitted.] 25. Military, Naval and Air Force or other law not to be affected. 26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act. 27. Appeal and revision. 28. Act to be in addition to any other law. 29. Amendment of the Ordinance 38 of 1944. 29A. Power to make rules. 30. Repeal and saving. 31. [Repealed.] 2 ----- # THE PREVENTION OF CORRUPTION ACT, 1988 # ACT NO. 49 OF 1988 [9th September, 1988.] # An Act to consolidate and amend the law relating to the prevention of corruption and for matters connected therewith. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Prevention of Corruption Act, 1988.** (2) It extends to the whole of India [1]*** and it applies also to all citizens of India outside India. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “election” means any election, by whatever means held under any law for the purpose of selecting members of Parliament or of any Legislature, local authority or other public authority; 2[(aa) ‘‘prescribed’’ means prescribed by rules made under this Act and the expression ‘‘prescribe’’ shall be construed accordingly;] (b) “public duty” means a duty in the discharge of which the State, the public or the community at large has an interest; _Explanation.—In this clause “State” includes a corporation established by or under a Central,_ Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); (c) “public servant” means— (i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty; (ii) any person in the service or pay of a local authority; (iii) any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); (iv) any Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; (v) any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court; (vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority; (vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; (viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty; (ix) any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or a State Government or from any 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. Ins. by Act 16 of 2018, s. 2 (w.e.f. 26-7-2018). 3 ----- corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); (x) any person who is a chairman, member or employee of any Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination or making any selection on behalf of such Commission or Board; (xi) any person who is a Vice-Chancellor or member of any governing body, professor, reader, lecturer or any other teacher or employee, by whatever designation called, of any University and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations; (xii) any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority. 1[(d) “undue advantage” means any gratification whatever, other than legal remuneration. _Explanation.—For the purposes of this clause,—_ (a) the word “gratification” is not limited to pecuniary gratifications or to gratifications estimable in money; (b) the expression “legal remuneration” is not restricted to remuneration paid to a public servant, but includes all remuneration which he is permitted by the Government or the organisation, which he serves, to receive.] _Explanation 1.—Persons falling under any of the above sub-clauses are public servants, whether_ appointed by the Government or not. _Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person_ who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. CHAPTER II APPOINTMENT OF SPECIAL JUDGES **3. Power to appoint special Judges.—(1) The Central Government or the State Government may, by** notification in the Official Gazette, appoint as many special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely:— (a) any offence punishable under this Act; and (b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a). (2) A person shall not be qualified for appointment as a special Judge under this Act unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1973 (2 of 1974). **4. Cases triable by special Judges.—(1) Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974), or in any other law for the time being in force, the offences specified in sub-section (1) of section 3 shall be tried by special Judges only. (2) Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge for the area within which it was committed, or, as the case may be, by the special Judge appointed for the case, or 1. Ins. by Act 16 of 2018, s. 2 (w.e.f. 26-7-2018). 4 ----- where there are more special Judges than one for such area, by such one of them as may be specified in this behalf by the Central Government. (3) When trying any case, a special Judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. 1[(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the trial of an offence shall be held, as far as practicable, on day-to-day basis and an endeavour shall be made to ensure that the said trial is concluded within a period of two years: Provided that where the trial is not concluded within the said period, the special Judge shall record the reasons for not having done so: Provided further that the said period may be extended by such further period, for reasons to be recorded in writing but not exceeding six months at a time; so, however, that the said period together with such extended period shall not exceed ordinarily four years in aggregate.] **5. Procedure and powers of special Judge.—(1) A special Judge may take cognizance of offences** without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases by Magistrates. (2) A special Judge may, with a view to obtaining the evidence of any person supposed 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 sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 of that Code. (3) Save as provided in sub-section (1) or sub-section (2), the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as they are not inconsistent with this Act, apply to the proceedings before a special Judge; and for the purposes of the said provisions, the Court of the special Judge shall be deemed to be a Court of Session and the person conducting a prosecution before a special Judge shall be deemed to be a public prosecutor. (4) In particular and without prejudice to the generality of the provisions contained in sub-section (3), the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the proceedings before a special Judge and for the purposes of the said provisions, a special Judge shall be deemed to be a Magistrate. (5) A special Judge may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted. (6) A special Judge, while trying an offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944 (Ord. 38 of 1944). **6. Power to try summarily.—(1) Where a special Judge tries any offence specified in sub-section (1)** of section 3, alleged to have been committed by a public servant in relation to the contravention of any special order referred to in sub-section (1) of section 12A of the Essential Commodities Act, 1955 (10 of 1955) or of an order referred to in clause (a) of sub-section (2) of that section, then, notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of Criminal Procedure, 1973 (2 of 1974), the special Judge shall try the offence in a summary way, and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the special Judge to pass a sentence of imprisonment for a term not exceeding one year: 1. Subs. by Act 16 of 2018, s. 3, for sub-section (4) (w.e.f. 26-7-2018). 5 ----- Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the special Judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special Judge shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in accordance with the procedure prescribed by the said Code for the trial of warrant cases by Magistrates. (2) Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974), there shall be no appeal by a convicted person in any case tried summarily under this section in which the special Judge passes a sentence of imprisonment not exceeding one month, and of fine not exceeding two thousand rupees whether or not any order under section 452 of the said Code is made in addition to such sentence, but an appeal shall lie where any sentence in excess of the aforesaid limits is passed by the special Judge. CHAPTER III OFFENCES AND PENALTIES **1[7.** **Offence relating to public servant being bribed.—Any public servant who,—** (a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant; or (b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another public servant; or (c) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage from any person, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. _Explanation_ _1.—For the purpose of this section, the obtaining, accepting, or the attempting to obtain_ an undue advantage shall itself constitute an offence even if the performance of a public duty by public servant, is not or has not been improper. _Illustration.—A public servant, ‘S’ asks a person, ‘P’ to give him an amount of five thousand rupees_ to process his routine ration card application on time. 'S' is guilty of an offence under this section. _Explanation_ _2.—For the purpose of this section,—_ (i) the expressions “obtains” or “accepts” or “attempts to obtain” shall cover cases where a person being a public servant, obtains or “accepts” or attempts to obtain, any undue advantage for himself or for another person, by abusing his position as a public servant or by using his personal influence over another public servant; or by any other corrupt or illegal means; (ii) it shall be immaterial whether such person being a public servant obtains or accepts, or attempts to obtain the undue advantage directly or through a third party. **7A. Taking undue advantage to influence public servant by corrupt or illegal means or by** **exercise of personal influence.—Whoever accepts or obtains or attempts to obtain from another person** for himself or for any other person any undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of his personal influence to perform or to cause performance of a public duty improperly or dishonestly or to forbear or to cause to forbear such public duty by such public servant or by another public servant, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. 1. Subs. by Act 16 of 2018, s. 4, for sections 7, 8, 9 and 10 (w.e.f. 26-7-2018). 6 ----- **8. Offence relating to bribing of a public servant.—(1) Any person who gives or promises to give** an undue advantage to another person or persons, with intention— (i) to induce a public servant to perform improperly a public duty; or (ii) to reward such public servant for the improper performance of public duty, shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both: Provided that the provisions of this section shall not apply where a person is compelled to give such undue advantage: Provided further that the person so compelled shall report the matter to the law enforcement authority or investigating agency within a period of seven days from the date of giving such undue advantage: Provided also that when the offence under this section has been committeed by commercial organisation, such commercial organisation shall be punishable with fine. _Illustration.—A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand rupees to ensure_ that he is granted a license, over all the other bidders. ‘P’ is guilty of an offence under this sub-section. _Explanation.—It shall be immaterial whether the person to whom an undue advantage is given or_ promised to be given is the same person as the person who is to perform, or has performed, the public duty concerned, and, it shall also be immaterial whether such undue advantage is given or promised to be given by the person directly or through a third party. (2) Nothing in sub-section (1) shall apply to a person, if that person, after informing a law enforcement authority or investigating agency, gives or promises to give any undue advantage to another person in order to assist such law enforcement authority or investigating agency in its investigation of the offence alleged against the latter. **9. Offence relating to bribing a public servant by a commercial organisation.—(1) Where an** offence under this Act has been committed by a commercial organisation, such organisation shall be punishable with fine, if any person associated with such commercial organisation gives or promises to give any undue advantage to a public servant intending— (a) to obtain or retain business for such commercial organisation; or (b) to obtain or retain an advantage in the conduct of business for such commercial organisation: Provided that it shall be a defence for the commercial organisation to prove that it had in place adequate procedures in compliance of such guidelines as may be prescribed to prevent persons associated with it from undertaking such conduct. (2) For the purposes of this section, a person is said to give or promise to give any undue advantage to a public servant, if he is alleged to have committed the offence under section 8, whether or not such person has been prosecuted for such offence. (3) For the purposes of section 8 and this section,— (a) “commercial organisation” means— (i) a body which is incorporated in India and which carries on a business, whether in India or outside India; (ii) any other body which is incorporated outside India and which carries on a business, or part of a business, in any part of India; (iii) a partnership firm or any association of persons formed in India and which carries on a business whether in India or outside India; or (iv) any other partnership or association of persons which is formed outside India and which carries on a business, or part of a business, in any part of India; 7 ----- (b) “business” includes a trade or profession or providing service; (c) a person is said to be associated with the commercial organisation, if such person performs services for or on behalf of the commercial organisation irrespective of any promise to give or giving of any undue advantage which constitutes an offence under sub-section (1). _Explanation_ _1.—The capacity in which the person performs services for or on behalf of the_ commercial organisation shall not matter irrespective of whether such person is employee or agent or subsidiary of such commercial organisation. _Explanation_ _2.—Whether or not the person is a person who performs services for or on behalf of the_ commercial organisation is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between such person and the commercial organisation. _Explanation_ _3.—If the person is an employee of the commercial organisation, it shall be presumed_ unless the contrary is proved that such person is a person who has performed services for or on behalf of the commercial organisation. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offence under sections 7A, 8 and this section shall be cognizable. (5) The Central Government shall, in consultation with the concerned stakeholders including departments and with a view to preventing persons associated with commercial organisations from bribing any person, being a public servant, prescribe such guidelines as may be considered necessary which can be put in place for compliance by such organisations. **10. Person in charge of commercial organisation to be guilty of offence.—Where an offence under** section 9 is committed by a commercial organisation, and such offence is proved in the court to have been committed with the consent or connivance of any director, manager, secretary or other officer shall be of the commercial organisation, such director, manager, secretary or other officer shall be guilty of the offence and shall be liable to be proceeded against and shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. _Explanation.—For the purposes of this section, ‘‘director’’, in relation to a firm means a partner in_ the firm.] **11. Public servant obtaining [1][undue advantage], without consideration from person concerned** **in proceeding or business transacted by such public servant.—Whoever, being a public servant,** accepts or obtains [2]*** or attempts to obtain for himself, or for any other person, any [1][undue advantage] without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the [3][official functions or public duty] of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine. **4[12. Punishment for abetment of offences.—Whoever abets any offence punishable under this Act,** whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to seven years and shall also be liable to fine.] 1. Subs. by Act 16 of 2018, s. 5, for “valuable thing” (w.e.f. 26-7-2018). 2. The words “or agrees to accept” omitted by s. 5, ibid. (we.f. 26-7-2018). 3. Subs. by s. 5, ibid., for “official functions” (w.e.f. 26-7-2018). 4. Subs. by s. 6, ibid., for section 12 (w.e.f. 26-7-2018). 8 ----- **13. Criminal misconduct by a public servant.—[1][(1) A public servant is said to commit the offence** of criminal misconduct,— (a) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do; or (b) if he intentionally enriches himself illicitly during the period of his office. _Explanation_ _1.—A person shall be presumed to have intentionally enriched himself illicitly if he or_ any person on his behalf, is in possession of or has, at any time during the period of his office, been in possession of pecuniary resources or property disproportionate to his known sources of income which the public servant cannot satisfactorily account for. _Explanation 2.—The expression ‘‘known sources of income’’ means income received from any_ lawful sources.] (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than [2][four years] but which may extend to [3][ten years] and shall also be liable to fine. **4[14. Punishment for habitual offender.—Whoever convicted of an offence under this Act** subsequently commits an offence punishable under this Act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and shall also be liable to fine.] **15. Punishment for attempt.—Whoever attempts to commit an offence referred to in [5][clause (a)] of** sub-section (1) of section 13 shall be punishable with imprisonment for a term [6][which shall not be less than two years but which may extend to five years] and with fine. **16. Matters to be taken into consideration for fixing fine.—Where a sentence of fine is imposed** under [7][section 7 or section 8 or section 9 or section 10 or section 11 or sub-section (2) of section 13 or section 14 or section 15], the court in fixing the amount of the fine shall take into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence or where the conviction is for an offence referred to in [8][clause (b)] of sub-section (1) of section 13, the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily. CHAPTER IV INVESTIGATION INTO CASES UNDER THE ACT **17. Persons authorised to investigate.—Notwithstanding anything contained in the Code of** Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,— (a) in the case of the Delhi Special Police Establishment, of an Inspector of Police; (b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal Procedure, 1973 (2 of 1974), of an Assistant Commissioner of Police; (c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank, shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant: 1. Subs. by Act 16 of 2018, s. 7, for sub-section (1) (w.e.f. 26-7-2018). 2. Subs. by Act 1 of 2014, s. 58 and the Sch., for “one year” (w.e.f. 16-1-2014). 3. Subs. by s. 58 and the Sch., ibid., for “seven years” (w.e.f. 16-1-2014). 4. Subs. by Act 16 of 2018, s. 8, for section 14 (w.e.f. 26-7-2018). 5. Subs. by s. 9, ibid., for “clause (c) or clause (d)” (w.e.f. 26-7-2018). 6. Subs. by Act 1 of 2014, s. 58 and the Sch., for “which may extend to three years” (w.e.f. 16-1-2014). 7. Subs. by Act 16 of 2018, s. 10, for “sub-section (2) of section 13 or section 14”(w.e.f. 26-7-2018). 8. Subs. by s. 10, ibid., for “clause (e)” (w.e.f. 26-7-2018). 9 ----- Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant: Provided further that an offence referred to in [1][clause (b) of sub-section (1)] of section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police. **2[17A.** **Enquiry or Inquiry or investigation of offences relatable to recommendations made or** **decision taken by public servant in discharge of official functions or duties.—No police officer shall** conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval— (a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government; (b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government; (c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed: Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person: Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month.] **STATE AMENDMENT** **Union Territory of Jammu and Kashmir and Union Territory of Ladakh** **Insertion of section 17B.—After section 17A, insert the following section, namely:—** **17B. Establishment of Anti-Corruption Bureau for the Union territory of Jammu and** **Kashmir.—(1) Notwithstanding anything contained in this Act, the Government of Union territory of** Jammu and Kashmir shall, by notification in the Official Gazette, establish a Bureau for investigation of offences under this Act under the name of ‘Anti-Corruption Bureau’. (2) The Bureau shall consist of the Director and such other officers and staff subordinate to him as the Government of Union territory of Jammu and Kashmir may from time to time think fit to appoint. (3) The qualification of officers (other than the Director) shall be such as may be prescribed by the Government of Union territory of Jammu and Kashmir: Provided that till qualification of officers (other than the Director) is prescribed by the Government of Union Territory of Jammu and Kashmir, the rules notified by the Government in this regard under the Prevention of Corruption Act, Samvat, 2006 (now repealed) shall continue to govern the qualification of such officers. (4) The Director and the officers and staff subordinate to him shall hold office for such term and on such conditions as the Government of Union Territory of Jammu and Kashmir may from time to time determine. _Explanation:—The Anti-Corruption Bureau established under the Prevention of Corruption Act,_ Samvat, 2006 (now repealed) shall deemed to be Anti-Corruption Bureau established under the provisions 1. Subs. by Act 16 of 2018, s. 11, for “clause (e) of sub-section (1)” (w.e.f. 26-7-2018). 2. Ins. by s. 12, ibid. (w.e.f. 26-7-2018). 10 ----- of this Act, as if the same has been established under the provisions of this Act and any reference to the Anti-Corruption Bureau in any law, order, notification or rules in force in the Union Territory of Jammu and Kashmir shall be construed to mean the Anti-Corruption Bureau established under the provisions of this Act. **Insertion of section 17C to 17G.—After section 17A, insert the following sections, namely:—** **17C. Powers of attachment of property.—(1) If an officer (not below the rank of Deputy** Superintendent of Police) of the Anti-Corruption Bureau, investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted has been acquired by resorting to such acts of omission and commission which constitute an offence of ‘criminal misconduct’ as defined under section 5, he shall, with the prior approval in writing of the Director of the Anti-Corruption Bureau, make an order seizing such property and, where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order or of the Designated Authority to be notified by the Government of Union territory of Jammu and Kashmir before whom the properties seized or attached are produced and a copy of such order shall be served on the person concerned: Provided that the Investigating Officer may, at any stage of investigation after registration of F.I.R. in respect of any case under the Act where he has reason to believe that such property is likely to be transferred or otherwise dealt with to defeat the prosecution of the case direct that such property shall not be transferred or dealt with for such period, not exceeding ninety days, as may be specified in the order except with the prior approval of the Designated Authority. _Explanation.—For the purposes of this section, “attachment” shall include temporarily assuming the_ custody, possession and/or control of such property]. (2) The Investigating officer shall inform the Designated Authority, within forty eight hours, of the seizure or attachment of such property together with a report of the circumstances occasioning the seizure or attachment of such property, as the case may be. (3) It shall be open to the Designated Authority before whom the seized or attached properties are produced either to confirm or revoke the order of seizure or attachment so issued within [thirty days]: Provided that an opportunity of being heard shall be afforded to the Investigating Officer and the person whose property is being attached or seized before making any order under this sub-section: Provided further that till disposal of the case the Designated Authority shall ensure the safety and protection of such property. (4) In the case of immovable property attached by the Investigating Officer, it shall be deemed to have been produced before the Designated Authority, when the Investigating Officer notifies his report and places it at the disposal of the Designated Authority. (5) Any person aggrieved by an order under the proviso to sub-section (1) may apply to the Designated Authority for grant of permission to transfer or otherwise deal with such property. (6) The Designated Authority may either grant, or refuse to grant, the permission to the applicant. (7) The Designated Authority, acting under the provisions of this Act, shall have all the powers of a civil court required for making a full and fair enquiry into the matter before it. **17D. Appeal against the order of Designated Authority.―(1) Any person aggrieved by an order** made by the Designated Authority under sub-section (3) or sub-section (5) of section 17C may prefer an appeal, within one month from the date of receipt of the order, to the Special Judge and the Special Court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property or pass such order as it may deem just and proper within a period of sixty days. 11 ----- (2) Where any property is seized or attached under section 17C and the Special Court is satisfied about such seizure or attachment, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached is prosecuted in the Special Court for an offence under this Act. (3) It shall be competent for the Special Court to make an order in respect of property seized or attached,― (a) directing it to be sold if it is a perishable property and the provisions of section 459 of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as nearly as may be practicable, apply to the net proceeds of such sale; (b) nominating any officer of the Government, in the case of any other property, to perform the function of the Administrator of such property subject to such conditions as may be specified by the Special Court. **17E. Issue of show-cause notice before forfeiture of the property.—No order under sub-section (2)** of section 17D shall be made by the Special Court— (a) unless the person holding or in possession of such property is given a notice in writing informing him of the grounds on which it is proposed to forfeit such property and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter; (b) if the person holding or in possession of such property establishes that he is a bona fide transferee of such property for value without knowing that such property has been so acquired. **17F. Appeal.—(1) Any person aggrieved by order of the Special Court under section 17D may within** one month from the date of the receipt of such order, appeal to the High Court of Jammu and Kashmir. (2) Where any order under section 17D is modified or annulled by the High Court or where in a prosecution instituted for the contravention of the provisions of this Act, the person against whom an order of the special court has been made is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price therefor as if the property had been sold to the Government with reasonable interest calculated from the date of seizure of the property and such price shall be determined in the manner prescribed. **17G. Order of forfeiture not to interfere with other punishments.—The order of forfeiture made** under this Act by the Special Court, shall not prevent the infliction of any other punishment to which the person affected thereby is liable under this Act.] [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).] **18. Power to inspect bankers’ books.—If from information received or otherwise, a police officer** has reason to suspect the commission of an offence which he is empowered to investigate under section 17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers’ books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers’ books in so far as they relate to the accounts of the persons suspected to have committed that offence or of any other person suspected to be holding money on behalf of such person, and take or cause to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist the police officer in the exercise of his powers under this section: Provided that no power under this section in relation to the accounts of any person shall be exercised by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this behalf by a police officer of or above the rank of a Superintendent of Police. _Explanation.—In this section, the expressions “bank” and “bankers’ books” shall have the meanings_ respectively assigned to them in the Bankers’ Books Evidence Act, 1891 (18 of 1891). 12 ----- 1[CHAPTER IVA ATTACHMENT AND FORFEITURE OF PROPERTY **18A. Provisions of Criminal Law Amendment Ordinance, 1944 to apply to attachment under** **this Act.—(1) Save as otherwise provided under the Prevention of Money Laundering Act, 2002** (15 of 2003), the provisions of the Criminal Law Amendment Ordinance, 1944 (Ord. 38 of 1944) shall, as far as may be, apply to the attachment, administration of attached property and execution of order of attachment or confiscation of money or property procured by means of an offence under this Act. (2) For the purposes of this Act, the provisions of the Criminal Law Amendment Ordinance, 1944 (Ord. 38 of 1944) shall have effect, subject to the modification that the references to “District Judge” shall be construed as references to “Special Judge”.] CHAPTER V SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONS **19. Previous sanction necessary for prosecution.—(1) No court shall take cognizance of an offence** punishable under [2][sections 7, 11, 13 and 15] alleged to have been committed by a public servant, except with the previous sanction [3][save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)]— (a) in the case of a person [4][who is employed, or as the case may be, was at the time of commission of the alleged offence employed] in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government; (b) in the case of a person [4][who is employed, or as the case may be, was at the time of commission of the alleged offence employed] in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government; (c) in the case of any other person, of the authority competent to remove him from his office: 5[Provided that no request can be made, by a person other than a police officer or an officer of an investigation agency or other law enforcement authority, to the appropriate Government or competent authority, as the case may be, for the previous sanction of such Government or authority for taking cognizance by the court of any of the offences specified in this sub-section, unless— (i) such person has filed a complaint in a competent court about the alleged offences for which the public servant is sought to be prosecuted; and (ii) the court has not dismissed the complaint under section 203 of the Code of Criminal Procedure, 1973 (2 of 1974) and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding: Provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate Government or competent authority shall not accord sanction to prosecute a public servant without providing an opportunity of being heard to the concerned public servant: Provided also that the appropriate Government or any competent authority shall, after the receipt of the proposal requiring sanction for prosecution of a public servant under this sub-section, 1. Ins. by Act 16 of 2018, s. 13 (w.e.f. 26-7-2018). 2. Subs. by s. 14, ibid., for “sections 7, 10, 11, 13 and 15” (w.e.f. 26-7-2018). 3. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014). 4. Subs. by Act 16 of 2018, s. 14, for “who is employed” (w.e.f. 26-7-2018). 5. Ins. by s. 14, ibid. (w.e.f. 26-7-2018). 13 ----- endeavour to convey the decision on such proposal within a period of three months from the date of its receipt: Provided also that in case where, for the purpose of grant of sanction for prosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, be extended by a further period of one month: Provided also that the Central Government may, for the purpose of sanction for prosecution of a public servant, prescribe such guidelines as it considers necessary. _Explanation.—For the purposes of sub-section (1), the expression “public servant” includes such_ person— (a) who has ceased to hold the office during which the offence is alleged to have been committed; or (b) who has ceased to hold the office during which the offence is alleged to have been committed and is holding an office other than the office during which the offence is alleged to have been committed.] (2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) no finding, sentence or order passed by a special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby; (b) no court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice; (c) no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings. (4) In determining under sub-section (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings. _Explanation.—For the purposes of this section,—_ (a) error includes competency of the authority to grant sanction; (b) a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature. **1[20. Presumption where public servant accepts any undue advantage.—Where, in any trial of an** offence punishable under section 7 or under section 11, it is proved that a public servant accused of an offence has accepted or obtained or attempted to obtain for himself, or for any other person, any undue advantage from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or attempted to obtain that undue advantage, as a motive or reward under section 7 for performing or to cause performance of a public duty improperly or dishonestly either by himself or by 1. Subs. by Act 16 of 2018, s. 15, for section 20 (w.e.f. 26-7-2018). 14 ----- another public servant or, as the case may be, any undue advantage without consideration or for a consideration which he knows to be inadequate under section 11.] **21. Accused person to be a competent witness.—Any person charged with an offence punishable** under this Act, shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that— (a) he shall not be called as a witness except at his own request; (b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial; (c) he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless— (i) the proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or (ii) he has personally or by his pleader asked any question of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution, or (iii) he has given evidence against any other person charged with the same offence. **22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications.—The** provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall in their application to any proceeding in relation to an offence punishable under this Act have effect as if,— (a) in sub-section (1) of section 243, for the words “The accused shall then be called upon”, the words “The accused shall then be required to give in writing at once or within such time as the Court may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then be called upon” had been substituted; (b) in sub-section (2) of section 309, after the third proviso, the following proviso had been inserted, namely:— “Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under section 397 has been made by a party to the proceeding.”; (c) after sub-section (2) of section 317, the following sub-section had been inserted, namely:— “(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the evidence of any witness subject to the right of the accused to recall the witness for cross-examination.”; (d) in sub-section (1) of section 397, before the Explanation, the following proviso had been inserted, namely :— “Provided that where the powers under this section are exercised by a Court on an application made by a party to such proceedings, the Court shall not ordinarily call for the record of the proceedings:— (a) without giving the other party an opportunity of showing cause why the record should not be called for; or (b) if it is satisfied that an examination of the record of the proceedings may be made from the certified copies.”. 15 ----- **23. Particulars in a charge in relation to an offence under** **[1][section 13(1)(a)].—Notwithstanding** anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), when an accused is charged with an offence under [2][clause (a)] of sub-section (1) of section 13, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219 of the said Code: Provided that the time included between the first and last of such dates shall not exceed one year. **[24.** **_Statement by bribe giver not to subject him to prosecution.]_** _Omitted by the Prevention of_ _Corruption (Amendment) Act, 2018 (16 of 2018), s. 17 (w.e.f. 26-7-2018)._ **25. Military, Naval and Air Force or other law not to be affected.—(1) Nothing in this Act shall** affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the Army Act, 1950 (45 of 1950), the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), the Border Security Force Act, 1968 (47 of 1968), the Coast Guard Act, 1978 (30 of 1978) and the National Security Guard Act, 1986 (47 of 1986). (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), the court of a special Judge shall be deemed to be a court of ordinary criminal justice. **26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this** **Act.—Every special Judge appointed under the Criminal Law Amendment Act, 1952, for any area or** areas and is holding office on the commencement of this Act shall be deemed to be a special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on and from such commencement, every such Judge shall continue to deal with all the proceedings pending before him on such commencement in accordance with the provisions of this Act. **27. Appeal and revision.—Subject to the provisions of this Act, the High Court may exercise, so far** as they may be applicable, all the powers of appeal and revision conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court as if the court of the special Judge were a court of Session trying cases within the local limits of the High Court. **28. Act to be in addition to any other law.—The provisions of this Act shall be in addition to, and** not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this Act, be instituted against him. **29. Amendment of the Ordinance 38 of 1944.—In the Criminal Law Amendment Ordinance,** 1944,— (a) in sub-section (1) of section 3, sub-section (1) of section 9, clause (a) of section 10, sub-section (1) of section 11 and sub-section (1) of section 13, for the words “State Government”, wherever they occur, the words “State Government or, as the case may be, the Central Government” shall be substituted; (b) in section 10, in clause (a), for the words “three months”, the words “one year” shall be substituted; (c) in the Schedule,— (i) paragraph 1 shall be omitted; (ii) in paragraphs 2 and 4,— (a) after the words “a local authority”, the words and figures “or a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by Government or a Government company as defined in section 617 of the 1. Subs. by Act 16 of 2018, s. 16, for “section 13(1) (c)” (w.e.f. 26-7-2018). 2. Subs. by s. 16, ibid., for “clause (c)”(w.e.f. 26-7-2018). 16 ----- Companies Act, 1956 (1 of 1956) or a society aided by such corporation, authority, body or Government company” shall be inserted; (b) after the words “or authority”, the words “or corporation or body or Government company or society” shall be inserted; (iii) for paragraph 4A, the following paragraph shall be substituted, namely:— “4A.An offence punishable under the Prevention of Corruption Act, 1988.”; (iv) in paragraph 5, for the words and figures “items 2, 3 and 4”, the words, figures and letter “items 2, 3, 4 and 4A” shall be substituted. 1[29A. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) guidelines which can be put in place by commercial organisation under section 9; (b) guidelines for sanction of prosecution under sub-section (1) of section 19; (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.] **30. Repeal and saving.—(1) The Prevention of Corruption Act, 1947 (2 of 1947) and the Criminal** Law Amendment Act, 1952 (46 of 1952) are hereby repealed. (2) Notwithstanding such repeal, but without prejudice to the application of section 6 of the General Clauses Act, 1897 (10 of 1897), anything done or any action taken or purported to have been done or taken under or in pursuance of the Acts so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under or in pursuance of the corresponding provision of this Act. **31. [Omission of certain sections of Act** **45 of** **1860.]—Rep. by the Repealing and Amending** _Act, 2001(30 of 2001), s.2 and the First Schedule (w.e.f. 3-9-2001)._ 1. Ins. by Act 16 of 2018, s. 18 (w.e.f. 26-7-2018). 17 -----

24-Sep-1988

51

The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1687/1/a1988-------51.pdf

central

# THE LABOUR LAWS (SIMPLIFICATION OF PROCEDURE FOR FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988 _________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Amendment of certain labour laws. 4. Exemption from furnishing or maintaining of returns and registers required under certain labour laws. 5. Savings. 6. Penalty. 7. Power to amend Form. 8. Power to remove difficulties. FIRST SCHEDULE. SECOND SCHEDULE. 1 ----- # THE LABOUR LAWS (SIMPLIFICATION OF PROCEDURE FOR FURNISHING RETURNS AND MAINTAINING REGISTERS BY CERTAIN ESTABLISHMENTS) ACT, 1988 ACT NO. 51 OF1988 [24[th]September, 1988.] 1[An Act to provide for the simplification of procedure for furnishing returnsand maintaining # registers in relation to establishments employing a small numberof persons under certain labour laws.] BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Labour Laws** ([2][Simplification of Procedure for] Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988. (2) It extends to the whole of India: Provided that nothing contained in this Act, in relation to the Plantations Labour Act, 1951 (69 of 1951) shall extend to the State of Jammu and Kashmir*. (3) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States, and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the coming into force of that provision in that State. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “employer”, in relation to a Scheduled Act, which defines such expression, has the same meaning assigned to it in that Act, and in relation to any other Scheduled Act, means the person who is required to furnish returns or maintain registers under that Act; (b) “establishment” has the meaning assigned to it in a Scheduled Act, and includes— (i) an ‘industrial or other establishment’ as defined in section 2 of the Payment of Wages Act, 1936 (4 of 1936); (ii) a‘factory’ as defined in section 2 of the Factories Act, 1948 (63 of 1948); (iii) a factory, workshop or place where employees are employed or work is given out to workers, in any scheduled employment to which the Minimum Wages Act, 1948 (11 of 1948), applies; (iv) a‘plantation” as defined in section 2 of the Plantations Labour Act, 1951 (69 of 1951), and (v) a ‘newspaper establishment’ as defined in section 2 of the Working Journalistsand other Newspaper Employees (Conditions of Service) and MiscellaneousProvisions Act, 1955 (45 of 1955); (c) “Form” means a Form specified in the Second Schedule; (d) “Scheduled Act” means an Act specified in the First Schedule and is in force on the commencement of this Act in the territories to which such Act extends generally, and includes the rules made thereunder; (e) “small establishment” means an establishment in which not less than ten and not more than 4[forty] persons are employed or were employed on any day of the preceding twelve months; 1. Subs. by Act 33 of 2014, s. 2, for the long title (w.e.f. 1-1-2015). 2. Subs. by s. 3, ibid., for “Exemption from” (w.e.f. 1-1-2015). 3. 1st May, 1989, _vide_ notification No. G.S.R.436(E), dated 10th April, 1989, _see Gazette of India, Extraordinary, Part II,_ sec. 3(i). 4. Subs. by Act 33 of 2014, s. 4, for “nineteen” (w.e.f. 1-1-2015). *. 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 ----- (f) “very small establishment” means an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months. **3. Amendment of certain labour laws.—On and from the commencement of this Act, the Scheduled** Acts shall have effect subject to the provisions of this Act. **1[4. Exemption from furnishing or maintaining of returns and registers requires under certain** **labour laws.—(1) Notwithstanding anything contained in a Scheduled Act, on andfrom the** commencement of the Labour Laws (Exemption from Furnishing Returnsand Maintaining Registers by certain Establishments) Amendment Act, 2014, itshall not be necessary for an employer in relation to any small establishment orvery small establishment to which a Scheduled Act applies, to furnish the returnsor to maintain the registers required to be furnished or maintained under thatScheduled Act: Provided that such employer— (a) furnishes, in lieu of such returns, annual return in Form I; and (b) maintains, in lieu of such registers,— (i) registers in Form II and Form III, in the case of smallestablishments, and (ii) a register in Form III, in the case of very smallestablishments, at the work spot: Provided further that every such employer shall continue to— (a) issue wage slips in the Form prescribed in the Minimum Wages(Central) Rules, 1950 made under sections 18 and 30 of the Minimum WagesAct, 1948 (11 of 1948) and slips relating to measurement of the amount of work done bypiece-rated workers required to be issued under the Payment of Wages(Mines) Rules, 1956 made under sections 13A and 26 of the Payment ofWages Act, 1936 (4 of 1936); and (b) file returns relating to accidents under sections 88 and 88A of theFactories Act, 1948 (63 of 1948) and sections 32A and 32B of the Plantations Labour Act, 1951 (69 of 1951). (2) The annual return in Form I and the registers in Forms II and III and wageslips, wage books and other records, as provided in sub-section (1), may bemaintained by an employer either in physical form or on a computer, computerfloppy, diskette or other electronic media: Provided that in case of computer, computer floppy, diskette or otherelectronic form, a printout of such returns, registers, books and records or aportion thereof is made available to the Inspector on demand. (3) The employer or the person responsible to furnish the annual return inForm I may furnish it to the Inspector or any other authority prescribed under theScheduled Acts either in physical form or through electronic mail if the Inspectoror the authority has the facility to receive such electronic mail. (4) Save as provided in sub-section (1), all other provisions of a ScheduledAct, including, in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that Act, shall apply to the returns and registersrequired to be furnished or maintained under this Act as they apply to the returns andregisters under that Scheduled Act. (5) Where an employer in respect of an establishment referred to in sub-section (1),to whom a Scheduled Act applies, furnishes returns or maintains the registers asprovided in the proviso to sub-section (1), nothing contained in that Scheduled Actshall render him liable to any penalty for his failure to furnish any return or to maintainany register under that Scheduled Act.] **5. Savings.—The commencement of this Act shall not affect—** (a) the previous operation of any provision of any Scheduled Act or the validity, invalidity, effect or consequence of anything done or suffered under that provision, before the relevant period; 1. Subs. by Act 33 of 2014, s. 5, for section 4 (w.e.f. 1-1-2015). 3 ----- (b) any right, privilege, obligation or liability already acquired, accrued or incurred under any Scheduled Act, before the relevant period; (c) any penalty, forfeiture or punishment incurred or inflicted in respect of any offence committed under any Scheduled Act, before the relevant period; (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid, and any such investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeitureor punishment shall be instituted, continued or disposed of, as the case may be, in accordance with that Scheduled Act. _Explanation.—For the purpose of this section, the expression “relevant period” means the period_ during which an establishment is or was a small establishment or a very small establishment under this Act. **6. Penalty.—Any employer who fails to comply with the provisions of this Act shall, on conviction,** be punishable— (a) in the case of the first conviction, with fine which may extend to rupees five thousand; and (b) in the case of any second or subsequent conviction, with imprisonment for a period which shall not be less than one month but which may extend to six months or with fine which shall not be less than rupees ten thousand but may extend to rupees twenty-five thousand, or with both. **7. Power to amend Form.—(1) The Central Government may, if it is of opinion that it is expedient so** to do, by notification in the Official Gazette, amend any Form and thereupon such Form shall, subject to the provisions of sub-section(2), be deemed to have been amended accordingly. (2) Any notification issued under sub-section (1) 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. **8. 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. 4 ----- 1[THE FIRST SCHEDULE [See section 2(d)] 1. The Payment of Wages Act, 1936 (4 of 1936). 2. The Weekly Holidays Act, 1942 (18 of 1942). 3. The Minimum Wages Act, 1948 (11 of 1948). 4. The Factories Act, 1948 (63 of 1948). 5. The Plantations Labour Act, 1951 (69 of 1951). 6. The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955). 7. The Motor Transport Workers Act, 1961 (27 of 1961). 8. The Payment of Bonus Act, 1965 (21 of 1965). 9. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966). 10. The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970). 11. The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976). 12. The Equal Remuneration Act, 1976 (25 of 1976). 13. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979). 14. The Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986). 15. The Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986). 16. The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (27 of 1996). 1. Subs. by Act 33 of 2014, s. 6, for the First Schedule and Second Schedule (w.e.f. 1-1-2015). 5 ----- THE SECOND SCHEDULE [See section 2(c)] FORM I [See section 4 (1)] ANNUAL RETURN _(To be furnished to the Inspector or the authority specified for this purpose underthe respective Scheduled Act before_ _the 30th April of the following year)_ (ending 31st March__________________) 1. Name of the establishment, its postal address, telephone number, FAX number,e-mail address and location______ ______________________________________________________________________________________________ 2. Name and postal address of the employer___________________________________________________________ ______________________________________________________________________________________________ 3. Name and address of principal employer, if the employer is a contractor__________________________________ ______________________________________________________________________________________________ 4. Name of the Manager responsible for supervision and control___________________________________________ (i) Name of business, industry, trade or occupation carried on by the employer________________________ ________________________________________________________________________________________ (ii) Date of commencement of the business, industry, trade or occupation________________________________ ______________________________________________________________________________________________ 5. Employer’s number under ESI/EPF/Welfare Fund/PAN No., if any______________________________________ 6. Maximum number of workers employed on any day during the year to which this returnrelates to: Category Highly Skilled Skilled Semi-skilled Un-skilled Male Female Children (those who have not completed 18 years of age) Total 7. Average number of workers employed during the year: 8. Total number of mandays worked during the year: 9. Number of workers during the year: (a) Retrenched : (b) Resigned : (c) Terminated : 10. Retrenchment compensation and terminal benefits paid (provide information completelyin respect of each worker)________________________________________________________________________________________ _________________________________________________________________________________________ 11. Mandays lost during the year on account of— (a) Strike : (b) Lockout : (c) Fatal accident : (d) Non-fatal accidents : 6 ----- 12. Reasons for strike or lockout : 13. Total wages paid (wages and overtime to be shown separately): 14. Total amount of deductions from wages made : 15. Number of accidents during the years : Reported to Inspector of Reported to Reported to Workmen’s Others Factories/Dock Safety Employees’ State Compensation Commissioner Insurance Corporation Fetal Non-Fatal 16. Compensation paid under the Workmen’s Compensation Act, 1923 (8 of 1923) duringthe year_____________ (i) Fatal accidents : (ii) Non-fatal accidents : 17. Bonus* (a) Number of employees eligible for bonus : (b) Percentage of bonus declared and number of employees who were paid bonus: (c) Amount payable as bonus : (d) Total amount of bonus actually paid and date of payment : Signature of the Manager/Employer with full name in capital letters. Place: Date: ANNEXURE I* Name and Period of Nature of work Maximum Number of days Number of address of the contract From to number of worked mandays worked Contractor workers employed by each contractor 1 2 3 4 5 6 ANNEXURE II (See Item No. 6) Serial Number Name of the Date of employment Permanent address employee/worker 1 2 3 4 - Delete, if not applicable. 7 |Reported to Inspector of Factories/Dock Safety|Reported to Employees’ State Insurance Corporation|Reported to Workmen’s Compensation Commissioner|Others| |---|---|---|---| |Fetal|||| |Non-Fatal|||| |Name and address of the Contractor|Period of contract From to|Nature of work|Maximum number of workers employed by each contractor|Number of days worked|Number of mandays worked| |---|---|---|---|---|---| |1|2|3|4|5|6| |Serial Number|Name of the employee/worker|Date of employment|Permanent address| |---|---|---|---| |1|2|3|4| ----- FORM II [See section 4(1)] REGISTER OF PERSONS EMPLOYED-CUM-EMPLOYMENT CARD Name of the establishment, address, telephone number, FAX number and e-mail address_____________ Location of work______________________________________________________________________ Name and address of principal employer if the employer is a contractor_____________________________ ___________________________________________________________________________________ 1. Name of workman/employee___________________________________________________________ 2. Father’s/Husband’s name_____________________________________________________________ 3. Address: (i) Present_________________________________________________________________________ (ii) Permanent______________________________________________________________________ 4. Name and address of the nominee/next of kin________________________________________________ 5. Designation/Category__________________________________________________________________ 6. Date of Birth/Age_____________________________________________________________________ 7. Educational qualifications_______________________________________________________________ 8. Date of entry________________________________________________________________________ 9. Worker’s ID No./ESI/EPF/L.W.F. No.____________________________________________________ 10. If the employed person is below 14 years, whether a certificate of age is maintained____________________ 11. Sex: Male or Female_________________________________________________________________ 12. Nationality_________________________________________________________________________ 13. Date of termination of employment with reason_____________________________________________ ____________________________________________________________________________________ 14. Signature/thumb impression of worker/employee____________________________________________ 15. Signature of the employer/Authorised officer with designation__________________________________ ____________________________________________________________________________________ Signature of the contractor/ authorised representative of the principal employer. 8 ----- FORM III [See section 4(1)] MUSTER ROLL-CUM-WAGE REGISTER Name of the establishment and address________________________________________________ Location of work________________________________________________________________ Name and address of employer_______________________________________________________ 1 2 3 4 5 6 7 8 Serial Name of the Designation Attendance Leave due Leave Wage rate/pay Other number worker (ID No. if /category/ (Dates of (Earned leave availed or piece allowances, any) and nature of work the month and other kind (specify) rate/wages per _e.g._ father’s/husband’s performed 1,2, .. to of admissible unit (a) Dearness name 31) leave) Allowance (b) House Rent Allowance (c)Night Allowances (d) Displacement Allowance (e) Outward Journey Allowance (a) (b) (c) (d) (e) 9 10 11 12 13 14 15 16 Overtime Amount of Amount of Total/gross Deduction e.g. Net Signature Remarks worked overtime wages advance and earnings (a) Provident amount /receipt of number purpose of Fund payable wages/allowanc (b) Advance of hours advance (12-13) es for column (c) Employees’ in the number 14 State Insurance month (d) Other amount (a) (b) (c) (d) Certificate by the principal employer if the employer is contractor. This is to certify that the contractor has paid wages to workmen employed by him as shown in this register. Signature of principal employer/ authorised representative of principal employer.] 9 |1|2|3|4|5|6|7|8| |---|---|---|---|---|---|---|---| |Serial number|Name of the worker (ID No. if any) and father’s/husband’s name|Designation /category/ nature of work performed|Attendance (Dates of the month 1,2, .. to 31)|Leave due (Earned leave and other kind of admissible leave)|Leave availed (specify)|Wage rate/pay or piece rate/wages per unit|Other allowances, e.g. (a) Dearness Allowance (b) House Rent Allowance (c)Night Allowances (d) Displacement Allowance (e) Outward Journey Allowance| ||||||||(a) (b) (c) (d) (e)| |9|10|11|12|13|14|15|16| |Overtime worked number of hours in the month|Amount of overtime wages|Amount of advance and purpose of advance|Total/gross earnings|Deduction e.g. (a) Provident Fund (b) Advance (c) Employees’ State Insurance (d) Other amount|Net amount payable (12-13)|Signature /receipt of wages/allowanc es for column number 14|Remarks| |||||(a) (b) (c) (d)|||| -----

29-Sep-1988

54

The Auroville Foundation Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1776/1/198854.pdf

central

# THE AUROVILLE FOUNDATION ACT, 1988 SECTIONS 1. Short title. 2. Definitions. _________ # ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY CHAPTER II ACQUISITION AND TRANSFER OF UNDERTAKINGS OF AUROVILLE 3. Transfer to, and vesting in, the Central Government of certain undertakings of the Society, trust and bodies. 4. General effect of vesting. 5. Central Government or Foundation to be liable for certain prior liabilities. 6. Power of Central Government to direct vesting of the undertakings in the Foundation. 7. Management, etc., of the undertakings. 8. Duties of persons in charge of management by undertakings to deliver all assets. 9. Certain powers of the Central Government or the Foundation. CHAPTER III THE AUROVILLE FOUNDATION 10. Establishment and incorporation of the Foundation. 11. Governing Board. 12. Term of office of members. 13. Salary and allowances and other conditions of service of Chairman. 14. Meetings of the Governing Board. 15. Secretary and other officers of the Foundation. 16. Committees of the Governing Board. 17. Powers and functions of the Governing Board. 18. Residents‟ Assembly. 19. Functions of Residents‟ Assembly. 20. Working Committee or Residents‟ Assembly. 21. Advisory Council. 22. Dissolution of the Foundation. 23. Grant by Central Government to the Foundation. CHAPTER IV MISCELLANEOUS 24. Duty to furnish returns, etc. 25. Borrowing powers of the Governing Board. 26. Accounts and audit. 27. Act to have overriding effect. 28. Contracts to cease to have effect unless ratified by the foundation. 29. Penalties. 30. Protection of action taken in good faith. 1 ----- SECTIONS 31. Power to make rules. 32. Power to make regulations. 33. Rules and regulations to be laid before Parliament. 34. Power to remove difficulties. THE SCHEDULE 2 ----- # THE AUROVILLE FOUNDATION ACT, 1988 # ACT NO. 54 OF 1988 [29th _September, 1988.]_ # An Act to provide for the acquisition and transfer of the undertakings of Auroville and to vest such undertakings in a foundation established for the purpose with a view to making long-term arrangements for the better management and further development of Auroville in accordance with its original charter and for matters connected therewith or incidental thereto. WHEREAS Auroville was founded by the „Mother‟ on the 28th day of February, 1968 as an international cultural township; AND WHEREAS in view of the serious difficulties which had arisen with regard to the management of Auroville, the management thereof had been vested in the Central Government for a limited period by the Auroville (Emergency Provisions) Act, 1980 (59 of 1980); AND WHEREAS under the management of the Central Government and under the overall guidance of the International Advisory Council set up under the aforesaid Act, Auroville had been able to develop during the last eight years along several important lines and the residents of Auroville have also carried on activities for the development of Auroville which need further encouragement and consolidation; AND WHEREAS Auroville was developed as a cultural township with the aid of funds received from different organisations in and outside India as also from substantial grants received from the Central and State Governments, and the United Nations Educational Scientific and Cultural Organisation also had, from time to time, reflected in its resolutions that the project on Auroville is contributing to international understanding and promotion of peace; AND WHEREAS for the purpose of encouraging, continuing and consolidating the aforesaid activities of Auroville, it is necessary in the public interest to acquire the undertakings of Auroville and to vest them in a body corporate established for the purpose; BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title.—This Act may be called the Auroville Foundation Act, 1988.** **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “appointed day” means the date of commencement of this Act; (b) “Auroville” means so much of the undertakings as form part of, or are relatable to, the cultural township which is known as Auroville and the charter of which was proclaimed by the „Mother‟ on the 28th day of February, 1988; (c) “Council” means the Auroville International Advisory Council constituted under sub-section (1) of section 21; (d) “Custodian” means the person who is appointed as the Custodian under sub-section (2) of section 7 in respect of the undertakings; (e) “Foundation” means the Auroville Foundation established under sub-section (1) of section 10; (f) “Governing Board” means the Governing Board of the Foundation constituted under sub-section (1) of section 11; (g) “notification” means a notification published in the Official Gazette; (h) “prescribed” means prescribed by rules made under this Act; (i) “Residents Assembly” means the Residents‟ Assembly of the Foundation; 3 ----- (j) “Society” means Sri Aurobindo Society, being a Society as defined in the West Bengal Societies Registration Act, 1961 (West Bengal Act XXVI of 1961), and having its registered office at Calcutta in the State of West Bengal; (k) “specified date” means such date as the Central Government may, for the purpose of section 9, by notification, specify; (l) “trust” or “body” means a trust or body specified in the Schedule; (m) “undertakings” means the undertakings of the Society, trust or body which had vested in the Central Government under section 3. CHAPTER II ACQUISITION AND TRANSFER OF UNDERTAKINGS OF AUROVILLE **3. Transfer to, and vesting in, the Central Government of certain undertakings of the Society,** **trusts and bodies.—On the appointed day, so much of the undertakings of the Society, trust and body as** form part of, or are relatable to Auroville, and the right, title and interest of the Society, trust and body, in relation to such undertakings, shall, by virtue of this Act, stand transferred to, and vest in, the Central Government. **4. General effect of vesting.—(1) The undertakings vested under section 3 shall be deemed to** include all the assets, rights, leaseholds, powers, authorities and privileges, and all property (movable and immovable), including lands, buildings, works, workshops, projects, stores, instruments, machinery, automobiles and other vehicles, cash balances, funds, including reserve funds, investments and book debts of the Society, trust or body as form part of, or are relatable to, Auroville and all other rights and interests arising out of such properties as were immediately before the appointed day in the ownership, possession, power or control of the Society, trust or body, whether within or without India, and all books of account, registers, maps, plans and all other documents of whatever nature relating thereto. (2) All properties and assets 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 or of any attachment, injunction, decree or order of any court or other authority restricting the use of such properties or assets in any manner or appointing any receiver in respect of the whole or any part of such properties or assets shall be deemed to have been withdrawn. (3) Any licence or other instrument granted to the Society, trust or body 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 or where the undertaking is directed under section 6 to vest in the Foundation, the Foundation shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to the Foundation and the Foundation shall hold it for the remainder of the period for which the Society, trust or body would have held it under the terms thereof. (4) If, on the appointed day, any suit, appeal or other proceeding, of whatever nature, in relation to any property or asset which has vested in the Central Government under section 3, instituted or preferred by or against the Society, trust or body 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 Society, trust or body 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 Society, trust or body are directed under section 6 to vest in the Foundation, by or against the Foundation. **5. Central Government or Foundation to be liable for certain prior liabilities.—Every liability in** relation to any undertaking in respect of any period prior to the appointed day shall be enforceable against the Central Government and not against the Society, trust or body, or where the said undertakings are directed, under section 6, to vest in the Foundation, against the Foundation. 4 ----- **6. Power of Central Government to direct vesting of the undertakings in the** **Foundation.—(1) Notwithstanding anything contained in sections 3 and 4, the Central Government shall,** as soon as may be after the appointed day, direct, by notification, that the undertakings and the right, title and interest of the Society, trust or body in relation to such undertakings which had vested in the Central Government under section 3, shall, instead of continuing to vest in the Central Government, vest in the Foundation either on the date of publication of the notification or on such earlier or later date as may be specified in the notification. (2) Where the right, title and interest of the Society, trust or body in relation to the undertakings vest, under sub-section (1), in the Foundation, the Foundation 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 Central Government 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 the Foundation. **7. Management, etc., of the undertakings.—(1) The general superintendence, direction, control and** management of the affairs of the undertakings, 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 6, vest in the Foundation; or (b) where no such direction has been made by the Central Government, vest in a Custodian appointed by the Central Government under sub-section (2), and, thereupon, the Foundation, or the Custodian so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as the Society, trust or body, as the case may be, is authorised to exercise and do in relation to its undertakings. (2) The Central Government may appoint any person as the Custodian of the undertakings in relation to which no direction has been made by it under sub-section (1) of section 6. (3) The Custodian so appointed shall receive such remuneration as the Central Government may fix and shall hold office during the pleasure of the Central Government. **8. Duties of persons in charge of management by undertakings to deliver all assets.—(1) On the** vesting of the management of the undertakings in the Foundation or on the appointment of a Custodian under section 7, all persons in charge of the management of the undertakings immediately before such vesting or appointment shall be bound to deliver to the Foundation or Custodian, as the case may be, all assets, books of account, registers and other documents in their custody relating to the undertakings. (2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to the Custodian as to the powers and duties of the Custodian and such Custodian 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 shall be conducted or in relation to any other matter arising in the course of such management. (3) Any person, who on the appointed day, has in his possession or under his control, any books, documents or other papers relating to the undertakings shall be liable to account for the said books, documents or other papers to the Central Government or the Foundation, as the case may be, and shall deliver them up to the Central Government or the Foundation or to such person or body of persons as the Central Government or the Foundation may specify in this behalf. (4) The Central Government or the Foundation may take or cause to be taken, all necessary steps for securing possession of all undertakings which have vested in the Central Government or the Foundation under this Act. (5) The Society, trust or body 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 undertakings and, for this purpose, the Central Government or the Foundation shall afford to the Society, trust or body all reasonable facilities. 5 ----- **9. Certain powers of the Central Government or the Foundation.—The Central Government or** the Foundation shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the Society, trust or body in relation to its undertakings which have vested in the Central Government or the Foundation, as the case may be, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. CHAPTER III THE AUROVILLE FOUNDATION **10. Establishment and incorporation of the Foundation.—(1) With effect from such date as the** Central Government may, by notification, appoint in this behalf, there shall be established for the purpose of this Act, a Foundation, to be called the Auroville Foundation. (2) The Foundation 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 Foundation shall consist of the following authorities, namely:— (a) the Governing Board; (b) the Residents‟ Assembly; (c) the Auroville International Advisory Council **11. Governing Board.—(1) The Governing Board shall consist of the following members,** namely:— (i) not more than seven members to be nominated by the Central Government from amongst persons, who have— (a) rendered valuable service to Auroville; (b) dedicated themselves to the ideals of life-long education, synthesis of material and spiritual researches or human unity; (c) contributed significantly in activities that are being persued or are envisaged to be promoted in Auroville, including activities relating to environment, afforestation, arts and crafts, industry, agriculture, humanities, sciences and integral yoga; (ii) two representatives of the Central Government to be nominated by it. (2) The Central Government shall nominate a Chairman of the Governing Board from amongst the members nominated by it under clause (i) of sub-section (1). (3) The general superintendence, direction and management of the affairs of the Foundation shall vest in the Governing Board which may exercise all the powers and discharge all the functions which may be exercised or discharged by the Foundation. (4) The Governing 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 Governing Board relevant to the purposes for which he has been associated, but shall not have the right to vote. (5) No act or proceeding of the Governing Board or any committee appointed by it under section 16 shall be invalidated merely by reason of,— (a) any vacancy in, or any defect in the constitution of, the Governing Board or such committee; or (b) any defect in the nomination of a person acting as a member of the Governing Board or such committee; or (c) any irregularity in the procedure of the Governing Board or such committee not affecting the merits of the case. 6 ----- **12. Term of office of members.—(1) Subject to the provisions of this section, the term of office of** the members of the Governing Board including the Chairman shall be four years from the date of their nomination. (2) An outgoing member of the Governing Board shall be eligible for re-nomination. (3) The term of office of a member nominated to fill a casual vacancy in the Governing Board shall continue for the remainder of the term of the member in whose place he is nominated. (4) A member may resign his office by writing under his hand addressed to the Central Government but he shall continue in office until his resignation is accepted by that Government. **13. Salary and allowances and other conditions of service of Chairman.—The Chairman of the** Governing 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. **14. Meetings of the Governing Board.—(1) The Governing Board shall meet at least once a year at** Auroville at such time as may be fixed by the Chairman of the Governing Board. (2) All the decisions at any meeting of the Governing Board shall be taken by a majority of the members present and voting: Provided that in the case of equality of votes, the Chairman of the Governing Board shall have a casting vote. **15. Secretary and other officers of the Foundation.—(1) The Central Government shall appoint a** Secretary to the Foundation to exercise such powers and perform such duties under the Chairman of the Governing Board as may be prescribed or as may be delegated to him by the Chairman. (2) 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. (3) Subject to such control, restrictions and conditions as may be prescribed, the Governing Board may appoint such other officers and employees as may be necessary for the efficient performance of its functions. (4) The Chairman, Secretary and other officers and employees of the Foundation shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government. **16. Committees of the Governing Board.—(1) The Governing 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 Governing 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 Governing 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. **17. Powers and functions of the Governing Board.—The powers and functions of the Governing** Board shall be— (a) to promote the ideals of Auroville and to coordinate activities and services of Auroville in consultation with the Residents‟ Assembly for the purposes of cohesion and integration of Auroville; (b) to review the basic policies and the programmes of Auroville and give necessary directions for the future development of Auroville; (c) to accord approval to the programmes of Auroville drawn up by the Residents‟ Assembly; (d) to monitor and review the activities of Auroville and to secure proper management of the properties vested in the Foundation under section 6 and other properties relatable to Auroville; 7 ----- (e) to prepare a master-plan of Auroville in consultation with the Residents‟ Assembly and to ensure development of Auroville as so planned; (f) to authorise and coordinate fund-raising for Auroville and to secure proper arrangements for receipts and disbursement of funds for Auroville. **18. Residents’ Assembly.—(1) The Residents‟ Assembly shall consist of all the residents of** Auroville who are for the time being entered in the register of residents maintained under this section. (2) The Secretary to the Governing Board shall maintain the register of residents in such manner as may be prescribed and all the persons who are residents of Auroville and who are of the age of eighteen years and above are entitled to have their names entered in the register on an application made to the Secretary in such form as may be prescribed. (3) All the names of residents, which have been included in the register maintained by the Administrator appointed under section 5 of the Auroville (Emergency Provisions) Act, 1980 (59 of 1980) immediately before the appointed day, shall be deemed to have been included in the register maintained under this section. **19. Functions of Residents’ Assembly.—(1) The Resident‟s Assembly shall perform such functions** as are required by this Act and shall advise the Governing Board in respect of all activities relating to the residents of Auroville. (2) In particular, and without prejudice to the foregoing powers, the Residents‟ Assembly may— (a) allow the admission or cause the termination of persons in the register of residents in accordance with the regulations made under section 32; (b) organise various activities relating to Auroville; (c) formulate the master plan of Auroville and make necessary recommendations for the recognition of organisations engaged in activities relatable to Auroville for the approval of the Governing Board; (d) recommend proposals for raising funds for Auroville for the approval of the Governing Board. (3) For the purpose of carrying of its functions, the Residents‟ Assembly may establish such committees as it may consider necessary which shall represent it in relation to the functions to be performed by the Governing Board. **20. Working Committee of Residents’ Assembly.—(1) There shall be a Working Committee of the** Residents‟ Assembly which shall assist the Residents‟ Assembly or, as the case may be, the Governing Board, in discharging its duties under this Act. (2) The Working Committee shall consist of not more than seven members to be chosen by the Residents‟ Assembly from among themselves. (3) The manner of choosing the members of the Working Committee and their term of office shall be such as may be decided by the Residents‟ Assembly. (4) The Working Committee may, with the approval of the Governing Board, create or constitute other organisations, trusts, societies or associations relatable to Auroville if the Working Committee is satisfied that such organisations, trusts, societies or associations have— (a) their headquarters at Auroville; (b) declared than in all matters relating to Auroville they shall act in conformity with the decisions of the Governing Board and that their main object is to promote the ideals laid down in the Charter of Auroville proclaimed by the „Mother‟ on the 28th day of February, 1968. **21. Advisory Council.—(1) The Auroville International Advisory Council shall consist of not more** than five members nominated by the Central Government. (2) The Central Government may nominate the members of the Council from amongst persons who in its opinion are devoted to the ideals of human unity, peace and progress. 8 ----- (3) The Council may, on its own motion or on a reference made to it by the Governing Board, advise the Governing Board on any matter relating to the development and management of Auroville. (4) In tendering any advice to the Governing Board, the Council shall endeavour to secure that— (a) the ideals for which Auroville has been established are encouraged, and (b) the residents of Auroville are allowed freedom to grow and develop activities and institutions for the fulfilment of the aspirations and programmes envisaged in the said Charter of Auroville. (5) There shall be a Chairman of the Council who shall be elected by the members of the Council from among themselves. (6) The term of office of, the method of filling casual vacancies among, and the allowances and other remuneration, if any, payable to, the members of the Council, shall be such as may be determined by the Central Government. (7) The Council shall have power to regulate its own procedure. **22. Dissolution of the Foundation.—(1) The Central Government may, by notification and for** reasons to be specified therein, direct that the Foundation 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 Foundation to make representation against the proposed dissolution and shall consider the representation, if any, of the Foundation. (2) When the Foundation is dissolved under the provisions of sub-section (1),— (a) all members of the Governing Board, notwithstanding that the terms of their office had not expired, shall, from the date of dissolution, vacate their offices as such members; (b) all powers and duties of the Foundation 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 properties vested in the Foundation shall, during the period of dissolution, vest in the Central Government; and (d) as soon as the period of dissolution expires, the Foundation shall be reconstituted in accordance with the provisions of this Act. **23. Grant by Central Government to the Foundation.—For the purpose of enabling the** Foundation to discharge its functions under this Act, the Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Foundation, in each financial year, such sums of money as that Government considers necessary by way of grant, loan or otherwise. CHAPTER IV MISCELLANEOUS **24. Duty to furnish returns, etc.—(1) The Governing 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 as the Central Government may, from time to time, require. (2) Without prejudice to the provisions of sub-section (1), the Governing 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 year. (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. 9 ----- **25. Borrowing powers of the Governing Board.—Subject to such rules as may be made in this** behalf, the Governing Board shall have the power to borrow on the security of the properties of Auroville or any other asset for carrying out the purposes of this Act. **26. Accounts and audit.—(1) The Governing Board shall maintain proper accounts and other** relevant records and prepare an annual statement of accounts, including the 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 Foundation shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenses incurred in connection with such audit shall be payable by the Foundation 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 Foundation shall have the same rights and 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 officer of the Foundation. (4) The accounts of the Foundation, 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. **27. 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. **28. Contracts to cease to have effect unless ratified by the foundation.—Every contract entered** into by the Society, trust or body in relation to its undertakings 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 that day, cease to have effect unless such contract is, before the expiry of the said period, ratified in writing by the Central Government or, as the case may be, the Foundation, and in ratifying such contract, the Central Government or, as the case may be, the Foundation may make such alterations or modifications therein as it may think fit: Provided that the Central Government or, as the case may be, the Foundation shall not omit to ratify a contract and shall not make any alteration or modification therein,— (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, as the case may be, the Foundation; 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 its refusal to ratify the contract or for making any alteration or modification therein. **29. Penalties.—A person who,—** (a) having in his possession, custody or control any property forming part of the undertakings of the Society, trust or body, wrongfully withholds such property from the Central Government or, as the case may be, the Foundation or any person or body of persons authorised by that Government or the Foundation; or (b) wrongfully obtains possession of, or retains, any property forming part of any undertaking of the Society, trust or body or wilfully withholds or fails to furnish to the Central Government or, as the case may be, the Foundation or any person or body of persons authorised by that Government or the Foundation, any documents relating to such undertakings which may be in his possession, custody or control, or fails to deliver to the Central Government or, as the case may be, the Foundation or any 10 ----- person or body of persons authorised by that Government or the Foundation any assets, books of account, registers or other documents in his possession, custody or control relating to the undertakings of the Society, trust or body; or (c) wrongfully removes or destroys any property forming part of the undertakings of the Society, trust or body, 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. **30. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall** lie against the Central Government or any officer of that Government or the Custodian or any officer or other person authorised by that Government or the Foundation for anything which is in good faith done or intended to be done under this Act. **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 power, such rules may provide for all or any of the following matters, namely:— (a) the manner in which and the purpose for which any person may be associated with the Governing Board under sub-section (4) of section 11; (b) the powers and duties which the Secretary to the Governing Board may perform under sub-section (1) of section 15; (c) the control, restrictions and conditions subject to which the Governing Board may appoint officers and employees under sub-section (3) of section 15; (d) the manner in which the register of residents may be maintained under sub-section (2) of section 18; (e) the time within which and the form and manner in which the Governing Board may furnish returns and reports under sub-section (1) of section 24; (f) the form and the date before which the Governing Board shall submit reports to the Central Government under sub-section (2) of section 24; (g) the rules subject to which the Governing Board shall have the power to borrow under section 25; (h) any other matter which is to be or may be prescribed. **32. Power to make regulations.—(1) The Governing 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 Governing Board or at the meetings of the committees appointed by it and the number of members which shall form a quorum at such meetings; (b) the delegation to the Chairman, other members, Secretary or other officers of the Governing Board, of any of the powers, duties of the Governing Board under this Act; (c) the travelling and other allowances payable to persons associated under sub-section (4) of section 11 or co-opted under sub-section (2) of section 16; (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 Foundation; (e) the maintenance of the accounts of the Foundation; (f) the maintenance of the registers and other records of the Foundation and its various committees; 11 ----- (g) the appointment by the Governing Board of agents to discharge on its behalf any of its functions; (h) admission or termination of persons in the register of residents. (3) No regulation made by the Governing 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 the regulation, may make changes therein which appear to it to be necessary. **33. Rules and regulations to be laid before Parliament.—Every rule or regulation made under this** Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **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, 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. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 12 ----- # THE SCHEDULE [See section 2 (l)] TRUSTS AND BODIES 1. Auroville Trust, Auroville. 2. Artisane Trust, Auroville. 3. Auroservice d‟Auroville Trust, Pondicherry. 4. Aurelec Trust, Auroville. 5. Auromitra, Auroville. 6. Centre for Scientific Research, Auroville. 7. Sri Aurobindo International Institute of Educational Research, Auroville. 8. Altecs Trust, Auroville. 9. New Engineering Trust, Auroville. 10. Auro Trust, Pondicherry. 11. Service Trust, Pondicherry. 12. Auro Press Trust, Pondicherry. 13. New Trust, Pondicherry. 13 -----

8-Oct-1988

58

The Jamia Millia Islamia Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1793/1/198858.pdf

central

# THE JAMIA MILLIA ISLAMIA ACT, 1988 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS # 1. Short title and commencement. 2. Definitions. 3. The University. 4. Dissolution of the Jamia Millia Islamia Society and transfer of all property to the University. 5. Objects of the University. 6. Powers of the University. 7. University open to all classes, castes and creed. 8. The Visitor. 9. Officers of the University. 10. The Amir-i-Jamia (Chancellor). 11. The Shaikh-ul-Jamia (Vice-Chancellor). 12. The Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor). 13. The Musajjil (Registrar). 14. Deans of Faculties. 15. The Finance Officer. 16. Other officers. 17. Authorities of the University. 18. The Anjuman (Court). 19. The Majlis-i-Muntazimah (Executive Council). 20. The Majlis-i-Talimi (Academic Council). 21. The Planning Board. 22. Other authorities of the University. 23. Power to make Statutes. 24. Statutes how to be made. 25. Power to make Ordinances. 26. Power to make Regulations. 27. Annual report. 28. Annual accounts. 29. Conditions of services of employees. 30. Procedure of appeal and arbitration in disciplinary cases against students. 31. Right to appeal. 32. Provident and pension funds. 33. Disputes as to constitution of University authorities and bodies. 34. Constitution of Committees. 35. Filling of casual vacancies. 36. Proceedings of University authorities or bodies not invalidated by vacancies. 37. Protection of action taken in good faith. 38. Mode of proof of University record. 39. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. 40. Power to remove difficulties. 41. Transitional provisions. THE SCHEDULE. 1 ----- # THE JAMIA MILLIA ISLAMIA ACT, 1988 # ACT NO. 58 OF 1988 [8th October, 1988.] # An Act to establish and incorporate a teaching University in the Union territory of Delhi and to provide for matters connected therewith or incidental thereto. WHEREAS it is expedient to establish and incorporate a teaching University at New Delhi, to dissolve the “Jamia Millia Islamia Society, Delhi”, a society registered under the Societies Registration Act, 1860 (21 of 1860) and to transfer to and vest in the said University all properties and rights of the said Society; BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Jamia Millia Islamia Act, 1988.** (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, and in all Statutes made hereunder, unless the contest otherwise** requires,— (a) “academic staff” means such categories of staff as are designated as academic staff by the Ordinances; (b) “Amir-i-Jamia (Chancellor)” and “Shaikh-ul-Jamia (Vice-Chancellor)” mean, respectively, the Amir-i-Jamia (Chancellor) and Shaikh-ul-Jamia (Vice-Chancellor) of the University; (c) “Anjuman (Court)” means the Anjuman (Court) of the University; (d) “Board of Studies” means the Board of Studies of the University; (e) “Department” means a Department of Studies, and includes a Centre of Studies and Research; (f) “employee” means any person appointed by the University, and includes teachers and other staff of the University; (g) “Faculty” means a Faculty of the University; (h) “Hall” means a unit of residence or of corporate life for the students of the University; (i) “Institution” means an Academic Institution, established or maintained by the University; (j) “Majlis-i-Muntazimah (Executive Council)” means the Majlis-i-Muntazimah (Executive Council) of the University; (k) “Majlis-i-Talimi (Academic Council)” means the Majlis-i-Talimi (Academic Council) of the University; (l) “Principal” means the head of an Institution, School or Polytechnic and includes where there is on Principal, the person for the time being duly appointed to act as Principal, and, in the absence of the Principal or acting Principal, a Vice-Principal duly appointed as such; (m) “Statutes”, “Ordinances” and “Regulations” mean, respectively, the Statutes, Ordinances and Regulations of the University for the time being in force; (n) “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 and are designated as teachers by the Ordinances; (o) “University” means the educational institution known as “Jamia Millia Islamia” founded in 1920 during the Khilafat and Non-Co-operation Movements in response to Gandhiji’s call for a boyctt of all Government-sponsored educational institutions which was subsequently registered in 1939 as Jamia Millia Islamia Society, and declared in 1962 as an institution deemed to be a 1. 26th December, 1988, vide notifications No. S.O. 1195(E), dated 21st December, 1988, See Gazette of India, Extraordinary, part II, sec. 3(ii). 2 ----- University under section 3 of the University Grants Commission Act, 1956 (3 of 1956), and which is incorporated as a University under this Act. **3.** **The University.—(1) There shall be established a University by the name of the Jamia Millia** Islamia. (2) The headquarters of the University shall be at New Delhi. (3) The persons holding office as Amir-i-Jamia (Chancellor) and Shaikh-ul-Jamia (Vice-Chancellor) and the members of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council) and the Majlis-i-Talimi (Academic Council) of the University, for the time being, shall be a body corporate by the name of the Jamia, Millia Islamia and shall have perpetual succession and a common seal and shall sue and be sued by that name. **4.** **Dissolution of the Jamia Millia Islamia Society and transfer of all property to the** **University.—On and from the commencement of this Act,—** (i) the Society known as the Jamia Millia Islamia Society, Delhi, shall be dissolved, and all property, movable or immovable, and all rights, powers and privileges of the said Society shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is established; (ii) all debts, liabilities and obligations of the said Society shall be transferred to the University and shall thereafter be discharged and satisfied by it; (iii) all references in any enactment to the said Society shall be construed as references to the University; (iv) any will, deed or other documents, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the said Society shall be construed as if the University was therein named instead of the Society; (v) subject to any orders which the Majlis-i-Muntazimah (Executive Council) may make, the buildings which belonged to the Jamia Millia Islamia, Delhi, shall continue to be known and designated by the names and style as they were known and designated immediately before the commencement of this Act; (vi) subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the Jamia Millia Islamia, Delhi, shall hold such employment in the University by the same tenure and on the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the Jamia Millia Islamia, Delhi, if this Act had not been passed. **5. Objects of the University.—The objects of the University shall be to disseminate and advance** knowledge by providing instructional, research and extension facilities in such branches of learning as it may deem fit and the University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of— (i) innovations in education leading to restructuring of courses, new methods of teaching and learning, and integral development of personality; (ii) studies in various disciplines; (iii) inter-disciplinary students; (iv) national integration, secularism and international understanding. **6. Powers of the University.—The University shall have the following powers, namely:—** (i) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge; 3 ----- (ii) to promote the study of the religions, philosophy and culture of India; (iii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (iv) to organise and to undertake extra-mural studies, extension services and other measures for the promotion of adult education; (v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (vi) to provide, instruction, including correspondence and such other courses, to such persons as are not members of the University, as it may determine; (vii) 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; (viii) to create administrative, ministerial and other posts and to make appointments thereto; (ix) to appoint persons working in any other University or organisation as teachers of the University for a specified period; (x) to co-operate, collaborate or associate with any other University or authority or institution in such manner and for such purposes as the University may determine; (xi) to establish and maintain Schools, Institutions and such Centres, Specialised Laboratories or other units for research and instructions as are, in the opinion of the University, necessary for the furtherance of its objects; (xii) to institute and award fellowships, scholarships, studentships, medals and prizes; (xiii) to establish and maintain Halls for the students of the University; (xiv) 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; (xv) to declare a Centre, an Institution, a Department, a School as an autonomous Centre, Institution, Department or school, as the case may be, in accordance with the Statutes; (xvi) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing; (xvii) to demand and receive payment of fees and other charges; (xviii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (xix) to make special arrangements in respect of woman students as the University may consider desirable; (xx) 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; (xxi) to make arrangements for promoting the health and general welfare of the employees of the University; (xxii) to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University; (xxiii) 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; 4 ----- (xxiv) 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. **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 appropriate provisions for reservation for the Scheduled Castes, the Scheduled Tribes, the physically handicapped persons and women. **8. The 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 Centre, Department, Institution or School 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, Centre, Department, Institution or School. (3) The Visitor shall, in every case, given notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, 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 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 Centre, Department, Institution or School maintained by it, address the Shaikh-ul-Jamia (Vice-Chancellor) with reference to the result of such inspection or inquiry, and the Shaikh-ul-Jamia (Vice-Chancellor) shall communicate to the Majlis-i-Muntazimah (Executive Council) the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon. (7) Where the Majlis-i-Muntazimah (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 Majlis-i-Muntazimah (Executive Council) issue such directions as he may think fit and the Majlis-i-Muntazimah (Executive Council), shall comply with such directions. (8) 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 the Ordinances: Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. (9) The Visitor shall have such other powers as may be prescribed by the Statutes. **9. Officers of the University.—The following shall be the officers of the University:—** (i) the Amir-i-Jamia (Chancellor); (ii) the Shaikh-ul-Jamia (Vice-Chancellor); (iii) the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor); 5 ----- (iv) the Musajjil (Registrar); (v) the Deans of Faculties; (vi) the Dean of Students’ Welfare; (vii) the Finance Officer; and (viii) such other officers as may be declared by the Statutes to be officers of the University. **10. The Amir-i-Jamia (Chancellor).—(1) The Amir-i-Jamia (Chancellor) shall be elected by the** Anjuman (Court) in such manner as may be prescribed by the Statutes. (2) The Amir-i-Jamia (Chancellor) shall, by virtue of his office, be the Head of the University. (3) The Amir-i-Jamia (Chancellor) shall, if present, preside at the Convocation of the University held for conferring degrees. **11. The Shaikh-ul-Jamia (Vice-Chancellor).—(1) The Shaikh-ul-Jamia (Vice-Chancellor) shall be** appointed by the Visitor in such manner as may be prescribed by the Statutes. (2) The Shaikh-ul-Jamia (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 decision of all the authorities of the University. (3) The Shaikh-ul-Jamia (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 Shaikh-ul-Jamia (Vice-Chancellor) under this sub-section shall have the right to appeal against such action to the Majlis-i-Muntazimah (Executive Council) within three months from the date on which decision on such action is communicated to him, and thereupon the Majlis-i-Muntaiimah (Executive Council) may confirm, modify or reverse the action taken by the Shaikh-ul-Jamia (Vice-Chancellor). (4) The Shaikh-ul-Jamia (Vice-Chancellor) shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances. **12.** **The** **Naib** **Shaikh-ul-Jamia** **(Pro-Vice-Chancellor).—The** Naib Shaikh-ul-Jamia (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. **13. The Musajjil (Registrar).—(1) The Musajjil (Registrar) shall be appointed in such manner as** may be prescribed by the Statutes. (2) The Musajjil (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. **14. Deans of Faculties.—Every Dean of a Faculty shall be appointed in such manner and shall** exercise such powers and perform such duties as may be prescribed by the Statutes. **15. 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. **16. Other officers.—The manner of appointment and powers and duties of other officers of the** University shall be prescribed by the Statutes. **17. Authorities of the University.—The following shall be the authorities of the University:—** (i) the Anjuman (Court); (ii) the Majlis-i-Muntazimah (Executive Council); 6 ----- (iii) the Majlis-i-Talimi (Academic Council); (iv) the Majlis-i-Maliyat (Finance Committee); (v) the Faculties; (vi) the Planning Board; and (vii) such other authorities as may be declared by the Statutes to be authorities of the University. **18. The Anjuman (Court).—(1) The constitution of the Anjuman (Court) and the term of office of** its members shall be prescribed by the Statutes. (2) Subject to the provisions of this Act, the Anjuman (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 this Act or Statutes. **19.** **The** **Majiis-i-Muntazimah** **(Executive** **Council).—(1)** The Majlis-i-Muntazimah (Executive Council) shall be the principal executive body of the University. (2) The constitution of the Majlis-i-Talim (Academic Council), the term of office of its members and its powers and duties shall be prescribed by the Statutes. **20. The Majlis-i-Talimi (Academic Council).—(1) The Majlis-i-Talimi (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 Majlis-i-Talimi (Academic Council), the term of office of its members and its powers and duties shall be prescribed by the Statutes. **21. The Planning Board.—(1) The Planning Board shall be the principal planning body of the** University. (2) The constitution of the Planning Board, 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 Faculties** 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. 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, filling of vacancies of members, and all other matters relating to those authorities 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 Institution for a specific period for undertaking a joint project; 7 ----- (f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary actions; (g) the principles governing seniority of service of employees; (h) the procedure for arbitration in case of disputes between employees or students and the University; (i) the procedure for appeal to the Majlis-i-Muntazimah (Executive Council) by any employee or student against the action of any officer or authority of the University; (j) the establishment and recognition of the students’ union or association of teachers, academic staff or other employees; (k) the participation of the 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 institutions of fellowships, scholarships, studentships, medals and prizes; (o) the maintenance of discipline among the students; (p) the establishment and abolition of Faculties, Departments, Centres and Schools; (q) the delegation of powers vested in the authorities or officers of the University; and (r) all other matters which by this Act are to be, or may be, prescribed by the Statutes. **24. Statutes how to be made.—(1) The first Statutes are those set out in the Schedule.** (2) The Majlis-i-Muntazimah (Executive Council) may, from time to time, make new or additional Statutes referred to in sub-section (1): Provided that the Majlis-i-Muntazimah (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 Majlis-i-Muntazimah (Executive Council). (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Majlis-i-Muntazimah (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. (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. (6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Majlis-i-Muntazimah (Executive Council) is unable to implement such a direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Majlis-i-Muntazimah (Executive Council) for its inability to comply with such direction make or amend the Statutes suitably. **25. Power to make 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; 8 ----- (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, diplomas and certificates of the University; (f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; (j) the 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, Inter-disciplinary 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) the remuneration to be paid to the examiners, moderators, invigilators and tabulators; (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 institutions established by the University; and (q) all other matters which by this Act or the Statutes may be prescribed by the Ordinances. (2) The regulations and by-laws in force immediately before the commencement of this Act shall be the first Ordinances of the University and may be repealed or amended at any time by the Majlis-i-Muntazimah (Executive Council). **26. Power to make Regulations.—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. **27. Annual report.—(1) The annual report of the University shall be prepared under the direction of** the Majlis-i-Muntazimah (Executive Council) and shall be submitted to the Anjuman (Court) on or after such date as may be prescribed by the Statutes and the Anjuman (Court) shall consider the report in its annual meeting. (2) The Anjuman (Court) shall submit the annual report to the Visitor along with its comments, if any. (3) A copy of the annual report as submitted to the Visitor shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. **28. Annual accounts.—(1) The annual accounts and balance-sheet of the University shall be** prepared under the directions of the Majlis-i-Muntazimah (Executive Council) and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf. 9 ----- (2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Anjuman (Court) and the Visitor along with the observations of the Majlis-i-Muntazimah (Executive Council). (3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Anjuman (Court) and the observations of the Anjuman (Court), if any, shall, after being considered by the Majlis-i-Muntazimah (Executive Council), be submitted to the Visitor. (4) A copy of the annual accounts, together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament. (5) The audited annual accounts after having been laid before both the Houses of Parliament, shall be published in the Gazette of India. **29. Conditions of services of employees.—(1) Every employee of the University shall be appointed** under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. (2) Any dispute arising out of a contract between the University and any of the employees shall at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Majlis-i-Muntazimah (Executive Council), one member nominated by the employee concerned and an umpire appointed by the Visitor. (3) The decision of the Tribunal of Arbitration referred to in sub-section (2), shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal. (4) Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (10 of 1940). **30. 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 of resolution of the Shaikh-ul-Jamia (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 Majlis-i-Muntazimah (Executive Council) and the Majlis-i-Muntazimah (Executive Council) may confirm, modify or reverse the decision of the Shaikh-ul-Jamia (Vice-Chancellor) or the concerned 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-sections (2), (3) and (4) of section 29 shall as far as may be, apply to a reference made under this sub-section. **31. 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 Majlis-i-Muntazimah (Executive Council), against the decision of any officer or authority of the University and thereupon the Majlis-i-Muntazimah (Executive Council) may confirm, modify or reverse the decision appealed against. **32. 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 fund 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. **33. 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 thereupon shall be final. 10 ----- **34. 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. **35.** **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 members 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. **36. 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. **37. 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 the Ordinances. **38. 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 Musajjil (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 transaction 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. **39. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid** **before Parliament.—(1) Every Statute, Ordinance or Regulation made under this Act, shall be published** in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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. **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.—(1) The Anjuman (Court), the Majlis-i-Muntazimah (Executive** Council), the Majlis-i-Talimi (Academic Council), the Majlis-i-Maliyat (Finance Committee) and Faculties of the University shall, as soon as may be, after the commencement of this Act, be constituted in accordance with the provisions of this Act and until so constituted, the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council), the Majlis-i-Maliyat (Finance Committee) and Faculties of the Jamia Millia Islamia functioning immediately before such commencement, shall continue to exercise all the powers and perform all the functions of such authority under this Act. 11 ----- (2) The Amir-i-Jamia (Chancellor), the Shaikh-ul-Jamia (Vice-Chancellor), the Musajjil (Registrar), Deans of Faculties, Heads of the Departments, Principals of Institutions, other officers and employees of the Jamia Millia Islamia holding office immediately before the commencement of this Act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held it immediately before such commencement. (3) Anything done or any action taken or any degree or other academic distinction conferred by the Jamia Millia Islamia before the commencement of this Act shall, notwithstanding any change made by this Act in the constitution of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council), the Majlis-i-Maliyat (Finance Committee), Faculties and other officers be valid, as if such thing was done, action taken, or degree or academic distinction conferred under this Act. 12 ----- THE SCHEDULE (See section 24) THE STATUTES OF THE UNIVERSITY _1. THE AMIR-I-JAMIA (CHANCELLOR):_ (1) The Amir-i-Jamia (Chancellor) shall be elected by the Anjuman (Court) by a simple majority. (2) The Amir-i-Jamia (Chancellor) shall hold office for a term of five years, and shall be eligible for re-election. (3) The Amir-i-Jamia (Chancellor) shall, if present, preside over the meetings of the Anjuman (Court) and the Convocation of the University. _2. THE SHAIKH-UL-JAMIA (VICE-CHANCELLOR):_ (1) The Shaikh-ul-Jamia (Vice-Chancellor) shall be appointed by the Visitor from a panel of at least three persons recommended by a Committee consisting of three persons: two to be nominated by the Majlis-i-Muntazimah (Executive Council) and one, who shall be the Chairman of the Committee to be nominated by the Visitor: Provided that no member of the above Committee shall be connected with the University: Provided further that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations. (2) The Shaikh-ul-Jamia (Vice-Chancellor) shall be a whole-time salaried officer of the University. (3) The Shaikh-ul-Jamia (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. (4) Notwithstanding anything contained in clause (3), a person appointed as Shaikh-ul-Jamia (Vice-Chancellor) shall, if he completes the age of sixty-five years during the term of his office, retire from office. (5) The emoluments and other terms and conditions of service of the Shaikh-ul-Jamia (Vice-Chancellor) shall be such as may be prescribed by the Ordinances. (6) If the office of the Shaikh-ul-Jamia (Vice-Chancellor) becomes vacant due to his death, resignation or otherwise or if he is unable to perform his duties owing to absence, illness or any other cause, the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall discharge the duties of the Shaikh-ul-Jamia (Vice-Chancellor) and will be designated as Qaim Maqam Shaikh-ul-Jamia (officiating Vice-Chancellor) until a new Shaikh-ul-Jamia (Vice-Chancellor) assumes office or the existing Shaikh-ul-Jamia (Vice-Chancellor) attends to the duties of his office, as the case may be: Provided that if the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) is not available, the senior-most Professor shall discharge the duties of the Shaikh-ul-Jamia (Vice-Chancellor) until a new Shaikh-ul-Jamia (Vice-Chancellor) or the Shaikh-ul-Jamia (Vice-Chancellor), as the case may be, assumes office. _3. POWERS AND DUTIES OF THE SHAIKH-UL-JAMIA (VICE-CHANCELLOR):_ (1) The Shaikh-ul-Jamia (Vice-Chancellor) shall be the _ex officio Chairman of the_ Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council), the Majlis-i-Maliyat (Finance Committee) and the Planning Board and shall, in the absence of the Amir-i-Jamia (Chancellor) preside at the meeting of the Anjuman (Court) and the Convocation held for conferring degrees and 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. 13 ----- (2) It shall be the duty of the Shaikh-ul-Jamia (Vice-Chancellor) to see that the Act, the Statutes, the Ordinances and the Regulations are duly observed and he shall have all powers necessary to ensure such observance. (3) The Shaikh-ul-Jamia (Vice-Chancellor) shall have the power to convene or cause to be convened meetings of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council), and the Majlis-i-Maliyat (Finance Committee) and the Planning Board. _4. NAIB SHAIKH-UL-JAMIA (PRO-VICE-CHANCELLOR):_ (1)The Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall be appointed by the Majlis-i-Muntazimah (Executive Council) on the recommendation of the Shaikh-ul-Jamia (Vice-Chancellor) on such terms and conditions as may be laid down in the Ordinances: Provided that where the recommendation of the Shaikh-ul-Jamia (Vice-Chancellor) is not accepted by the Majlis-i-Muntazimah (Executive Council), the matter shall be referred to the Visitor who may either appoint the person recommended by the Shaikh-ul-Jamia (Vice-Chancellor) or ask the Shaikh-ul-Jamia (Vice-Chancellor) to recommend another person to the Majlis-i-Muntaziman (Executive Council): Provided further that the Majlis-i-Muntazimah (Executive Council) may, on the recommendation of the Shaikh-ul-Jamia (Vice-Chancellor) appoint a Professor to discharge the duties of the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) in addition to his own duties as a Professor. (2) The term of office of the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall be such as may be decided by the Majlis-i-Muntazimah (Executive Council), but it shall not in any case exceed five years or until the expiration of the term of office of the Shaikh-ul-Jamia (Vice-Chancellor) whichever is earlier, and he shall be eligible for re-appointment: Provided that the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall retire on attaining the age of sixty-five years: Provided further that the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall, while discharging the duties of the Shaikh-ul-Jamia (Vice-Chancellor) under clause (6) of Statute 2, continue in office notwithstanding the expiration of the term of office until a new Shaikh-ul-Jamia (Vice-Chancellor), or the Shaikh-ul-Jamia (Vice-Chancellor), as the case may be, assumes office. (3) The emoluments and other terms and conditions of service of the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall be such as may be prescribed by the Ordinances. (4) The Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall assist the Shaikh-ul-Jamia (Vice-Chancellor) in respect of such matters as may be specified by the Shaikh-ul-Jamia (Vice-Chancellor) from time to time in this behalf and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Shaikh-ul-Jamia (Vice-Chancellor). _5. THE MUSAJJIL (REGISTRAR):_ (1) The Musajjil (Registrar) shall be a whole-time salaried employee of the University and shall be appointed on the recommendation of the Selection Committee constituted for the purpose under Statute 25. (2) The emoluments and other terms and conditions of service of the Musajjil (Registrar) shall be such as may be prescribed by the Ordinances: Provided that the Musajjil (Registrar) shall retire on attaining the age of sixty years. (3) When the office of the Musajjil (Registrar) is vacant or when the Musajjil (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 Shaikh-ul-Jamia (Vice-Chancellor) may appoint for the purpose. (4) (i) The Musajjil (Registrar) shall have power to take disciplinary action against such of the employees of the University, excluding teachers and academic staff, as may be specified in the orders of the Majlis-i-Muntazimah (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. (ii) An appeal shall lie to the Shaikh-ul-Jamia (Vice-Chancellor) against any order of the Musajjil (Registrar) imposing any of the penalties specified in sub-clause (i). (iii) In a case where the inquiry discloses that a punishment beyond the powers of the Musajjil (Registrar) is called for, the Musajjil (Registrar) shall, upon conclusion of the inquiry, make a report to the Shaikh-ul-Jamia (Vice-Chancellor) along with his recommendations: Provided that an appeal shall lie to the Majlis-i-Muntazimah (Executive Council) against an order of the Shaikh-ul-Jamia (Vice-Chancellor) imposing any penalty. (5) The Musajjil (Registrar) shall be _ex officio Secretary of the Majlis-i-Muntazimah_ (Executive Council), the Majlis-i-Talimi (Academic Council) and the Faculties, but shall not be deemed to be a member of any of these authorities. He shall be _ex officio Member-Secretary of the Anjuman_ (Court). (6) It shall be the duty of the Musajjil (Registrar): (i) to be the custodian of the records, the common seal and such other property of the University as the Majlis-i-Muntazimah (Executive Council), shall commit to his charge; (ii) to issue all notices convening meetings of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council) and Faculties, the Boards of Studies, the Boards of Examiners and of any Committee appointed by the authorities of the University; (iii) to keep the minutes of all the meetings of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council), Faculties and of any Committee appointed by the authorities of the University; (iv) to conduct the official correspondence of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council) and the Majlis-i-Talimi (Academic Council); (v) to arrange for and superintend the examinations of the University in accordance with the manner prescribed by the Ordinances; (vi) 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; (vii) 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 (viii) to perform such other duties as may be specified in these Statutes, or prescribed by the Ordinances or the Regulations or as may be required, from time to time, by the Majlis-i-Muntazimah (Executive Council) or the Shaikh-ul-Jamia (Vice-Chancellor). _6. FINANCE OFFICER:_ (1) The Finance Officer shall be a whole-time salaried employee of the University and shall be appointed on the recommendation of the Selection Committee constituted for the purpose under Statute 25 on such terms and conditions as may be prescribed by the Ordinances: Provided that a person appointed as a Finance Officer shall retire from office when he attains the age of sixty years. (2) 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 Shaikh-ul-Jamia (Vice-Chancellor) may appoint for the purpose. (3) The Finance Officer shall be the ex officio Secretary of the Majlis-i-Maliyat (Finance Committee), but shall not be deemed to be a member of such Committee. 15 ----- (4) The Finance Officer shall advise the University as regards its financial policy and perform such other financial functions as may be assigned to him by the Majlis-i-Muntazimah (Executive Council) or as may be prescribed by these Statutes or the Ordinances. (5) Subject to the control of the Majlis-i-Muntazimah (Executive Council), the Finance Officer shall— (i) hold and manage the property and investments including trust and endowed property; (ii) ensure that the limits fixed by the Majlis-i-Muntazimah (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; (iii) be responsible for the preparation of annual accounts and the budget of the University for the next financial year and for their presentation to the Majlis-i-Muntazimah (Executive Council); (iv) keep a constant watch on the state of the cash and bank balances and on the state of investment; (v) watch the progress of the collection of revenue and advise on the methods of collection employed; (vi) have the accounts of the University regularly audited by an internal audit party; (vii) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that the stock-checking is conducted, of equipment and other consumable materials in all offices, Centres, Institutions and Schools maintained by the University; (viii) call for explanation for unauthorised expenditure and for other financial irregularities and suggest disciplinary action against persons at fault; and (ix) call for from any office, Institution, Centre, Department or School, under the University, any information or return that he may consider necessary for the performance of his duties. (6) The receipt issued by the Finance Officer or by the person or persons duly authorised in this behalf by the Majlis-i-Muntazimah (Executive Council) for any money payable to the University shall be sufficient discharge for payment of such money. _7. DEANS OF FACULTIES:_ (1) Each Faculty shall have a Dean who shall be appointed by the Shaikh-ul-Jamia (Vice-Chancellor) from amongst the Professors in the Faculty for a period of three years by rotation: Provided that if at any time there is no Professor in a Faculty, the Shaikh-ul-Jamia (Vice-Chancellor) may appoint a Reader as Dean from amongst the Readers. However, if a Professor is appointed in the Faculty during the period of the Reader as Dean, his tenure will cease from the date of the appointment of a Professor who shall then be the Dean. (2) A Dean on attaining the age of sixty years shall cease to hold office as such. (3) A Dean may resign his office at any time during his tenure, and a Professor may decline the offer of appointment as the Dean of a Faculty. (4) 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 Shaikh-ul-Jamia (Vice-Chancellor) may appoint for the purpose. (5) The Dean shall be the Head of the Faculty and shall be responsible for the conduct and maintenance of the standards of teaching and research in the Faculty. He shall have such other functions as may be prescribed by the Ordinances. (6) The Dean shall have the right to be present and to speak at any meeting of the Board of Studies or Committee of the Faculty, as the case may be, but not the right to vote thereat unless he is a member thereof. 16 ----- _8. HEADS OF DEPARTMENT:_ (1) Each Department shall have a Head of the Department who shall be a Professor and whose duties and functions and terms and conditions of appointment shall be prescribed by the Ordinances: Provided that if there are more than one Professors in any Department the Head of the Department shall be appointed in accordance with the provisions made in respect thereof by the Ordinances: Provided further that in a Department where there is no Professor, a Reader may be appointed as the Head of the Department in accordance with the provision made in respect thereof by the Ordinances: Provided also that if there is no Professor or Reader in a Department, Dean of the Faculty concerned shall act as Head of the Department. (2) It shall be open to a Professor or a 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 the Department may resign his office at any time during his tenure of office. _9. DEAN 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 Majlis-i-Muntazimah (Executive Council) on the recommendation of the Shaikh-ul-Jamia (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 Majlis-i-Muntazimah (Executive Council) may, if it is considered necessary, appoint on the recommendation of the Shaikh-ul-Jamia (Vice-Chancellor) a teacher, not below the rank of a Reader to discharge duties of the Dean of Students’ Welfare in addition to his duties and in such a case the Majlis-i-Muntazimah (Executive Council) may sanction a suitable allowance to be paid to him. (3) A person who is appointed as the 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 Dean of Students’ Welfare. (4) When the office of the 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 Shaikh-ul-Jamia (Vice-Chancellor) may appoint for the purpose. (5) The duties and powers of the Dean of Students’ Welfare shall be prescribed by the Ordinances. _10. LIBRARIAN:_ (1) The Librarian shall be appointed by the Majlis-i-Muntazimah (Executive Council) on the recommendation of a Selection Committee constituted for the purpose under Statute 25 and shall be a whole time officer of the University. (2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Majlis-i-Muntazimah (Executive Council). _11. ANJUMAN (COURT):_ (1) The Court shall consist of the following persons, namely:— _Ex officio Members:_ (i) Amir-i-Jamia (Chancellor). (ii) Shaikh-ul-Jamia (Vice-Chancellor). (iii) Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor). 17 ----- (iv) All Deans of Faculties. (v) Dean of Students’ Welfare. (vi) Musajjil (Registrar). (vii) Finance Officer. (viii) Librarian. (ix) Ten Heads of Departments by rotation according to seniority. (x) Two Heads of other Institutions. _Life Members:_ (xi) Persons, who signed the pledge of 20 years of service to the Jamia. _Representatives of Teachers:_ (xii) Two Professors who are not Heads of Departments of Studies, by rotation according to seniority. (xiii) Two Readers by rotation according to seniority to be appointed by the Shaikh-ul-Jamia (Vice-Chancellor). (xiv) Two Lecturers by rotation according to seniority, to be appointed by the Shaikh-ul-Jamia (Vice-Chancellor). _Representatives of Non-teaching staff:_ (xv) Three representatives of non-teaching staff according to seniority by rotation. _Nominated Members:_ (xvi) Eight persons to be nominated by the Visitor and two persons to be nominated by the Amir-i-Jamia (Chancellor). _Co-opted Members:_ (xvii) Six persons representing learned professions and special interests including representatives of industry, commerce, trade unions, banking and agriculture to be co-opted by the Anjuman (Court). _Representatives of Legislatures:_ (xviii) Three members of Parliament, two to be nominated by the Speaker of the Lok Sabha and one by the Chairman of the Rajya Sabha. (xix) One representative of Delhi Administration to be nominated by the Union territory administration. (xx) The Chairman of the Central Board of Secondary Education, Delhi. (2) All members of the Anjuman (Court) other than ex officio members, shall hold office for a term of three years. (3) An ex officio member shall cease to be a member of the Anjuman (Court) as soon as he vacates the office by virtue of which he is such a member. _12. MEETINGS OF THE ANJUMAN (COURT):_ (1) An annual meeting of the Anjuman (Court) shall be held on a date to be fixed by the Majlis-i-Muntazimah (Executive Council) unless some other date has been fixed by the Anjuman (Court) in respect of any year. (2) At an annual meeting of the Anjuman (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. 18 ----- (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 Anjuman (Court) at least seven days before the date of the annual meeting. (4) One-fourth of the members of the Anjuman (Court) shall form the quorum for a meeting of the Anjuman (Court). (5) Special meetings of the Anjuman (Court) may be convened by the Majlis-i-Muntazimah (Executive Council) or the Shaikh-ul-Jamia (Vice-Chancellor) or if there is no Shaikh-ul-Jamia (Vice-Chancellor), by the Naib Shaikh-ul-Jamia (Pro-Vice-Chairman), or, if there is no Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) by the Musajjil (Registrar). _13. MAJLIS-I-MUNTAZIMAH (EXECUTIVE COUNCIL):_ (1) The Majlis-i-Muntazimah (Executive Council) shall consist of the following members, namely:— (i) Shaikh-ul-Jamia (Vice-Chancellor); (ii) Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor); (iii) two Deans of Faculties by rotation according to seniority; (iv) Dean of Students’ Welfare; (v) one of the Directors of Boards of Management, Centres of the University, by rotation according to seniority; (vi) three teachers-one each from amongst Professors, Readers and Lecturers of the University to be appointed by the Shaikh-ul-Jamia (Vice-Chancellor) by rotation according to seniority; (vii) four persons to be nominated by the Visitor; (viii) two persons from amongst the Life Members under Statute 11 (1) (xi) chosen by the Anjuman (Court) by rotation. (2) Five members shall form quorum for a meeting of the Majlis-i-Muntazimah (Executive Council). (3) All the members of the Majlis-i-Muntazimah (Executive Council) other than the _ex officio_ members shall hold office for a period of three years. _14. POWERS AND FUNCTIONS OF MAJLIS-I-MUNTAZIMAH (EXECUTIVE COUNCIL):_ (1) The Majlis-i-Muntazimah (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 the Act, the Statutes and the Ordinances, the Majlis-i-Muntazimah (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 Institutions and Schools: Provided that no action shall be taken by the Majlis-i-Muntazimah (Executive Council) in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than after consideration of the recommendation of the Majlis-i-Talimi (Academic Council); (ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary and Principals of Institutions on the recommendations of the Selection Committee constituted for the purpose under Statute 25 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; 19 ----- (iv) to grant leave of absence to any officer of the University other than the Amir-i-Jamia, (Chancellor), and the Shaikh-ul-Jamia (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 members of the teaching, administrative and other staff of the University 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; (vii) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities as it may, from time to time, think fit, or in the purchase of immovable property in India, with the like power of varying such investments from time to time; (viii) to transfer or accept transfers of any movable or immovable property on behalf of the University; (ix) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University; (x) to enter into, vary, carry out and cancel contracts on behalf of the University; (xi) to entertain, adjudicate upon and, if thought fit, to redress any grievances of the officers of the University, the teaching staff, other employees and the Students of the University, who may, for any reason, feel aggrieved; (xii) to appoint examiners and moderators and to fix their fees, emoluments and travelling and other allowances, after consulting the Majlis-i-Talimi (Academic Council); (xiii) to maintain a register of donors to the University; (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 Shaikh-ul-Jamia (Vice-Chancellor), the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor), the Musajjil (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 the Act or these Statutes. _15. MAJLIS-I-TALIMI (ACADEMIC COUNCIL):_ (1) The Majlis-i-Talimi (Academic Council) shall consist of the following members, namely:— (i) Shaikh-ul-Jamia (Vice-Chancellor); (ii) Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor); (iii) Directors of Centres; (iv) Deans of Faculties; (v) Dean of Students’ Welfare; (vi) Heads of the Departments; (vii) Principals and Heads of Institutions and Schools; (viii) Librarian; (ix) two Professors other than Heads of Departments, according to seniority, to be nominated by the Shaikh-ul-Jamia (Vice-Chancellor); 20 ----- (x) two Teachers of the University, at least one of whom should be a Reader, by rotation according to seniority, to be appointed by the Shaikh-ul-Jamia (Vice-Chancellor); (xi) three persons not in the service of the University, co-opted by the Majlis-i-Talimi (Academic Council) for their special knowledge. (2) One-third of the total members of the Majlis-i-Talimi (Academic Council) shall form the quorum. (3) All the members of the Majlis-i-Talimi (Academic Council) other than the _ex officio members_ shall hold office for a period of three years. _16. POWERS OF THE MAJLIS-I-TALIMI (ACADEMIC COUNCIL):_ Subject to this Act, these Statutes and the Ordinances, the Majlis-i-Talimi (Academic Council) shall, in addition to all other powers vested in it, have the following powers, namely:— (i) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, cooperative teaching among Departments and institutions, evaluation of research or improvement in academic standards; (ii) to bring about inter-faculty co-ordination, to establish or appoint Committees or Boards, for taking up projects on an interfaculty basis; (iii) to consider matters of general academic interest either at its own initiative or referred to by a Faculty, or the Majlis-i-Muntazimah (Executive Council), and to take appropriate action thereon; and (iv) to frame such regulations and rules consistent with these Statutes and Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fee concessions, corporate life and attendance. _17. FACULTIES AND DEPARTMENTS:_ The University shall have the following Faculties, namely:— (i) the Faculty of Humanities and Languages; (ii) the Faculty of Social Sciences; (iii) the Faculty of Natural Sciences; (iv) the Faculty of Education; (v) the Faculty of Engineering and Technology; (vi) the Faculty of Law; and (vii) such other Faculties as may be prescribed by these Statutes. _18. CONSTITUTION OF FACULTIES:_ (1) Each Faculty, other than the Faculty of Engineering and Technology, shall consist of the following members, namely:— (i) Dean of the Faculty who shall be the Chairman; (ii) all Professors in the Faculty; (iii) all Heads of Departments assigned to the Faculty who are not Professors; (iv) one Reader from each Department by rotation according to seniority; (v) two Lecturers from each Department (one above ten years of service and one below ten years) by rotation according to seniority; 21 ----- (vi) four persons nominated by the Majlis-i-Talimi (Academic Council) from other Faculties of the University; and (vii) five persons, not in the service of the University to be co-opted by the Faculty for their special knowledge of any subject assigned to the Faculty, provided that not more than one person may be co-opted in respect of a subject assigned to a single Department. (2) The Faculty of Engineering and Technology shall consist of the following members, namely:— (i) Dean of the Faculty, who shall be the Chairman; (ii) Head of the University Polytechnic; (iii) all Professors in the Faculty; (iv) one Reader and one Lecturer by rotation according to seniority from each Department in the Faculty; (v) not more than three Readers from the University Polytechnic; (vi) one Lecturer at the University Polytechnic, by rotation according to seniority; (vii) one person not in the service of the University, having expert knowledge of the subject or subjects concerned, to be co-opted by the Faculty for each Department; and (viii) three members to be nominated by the Majlis-i-Talimi (Academic Council) for their special knowledge of any subject assigned to the Faculty or of any allied branches of knowledge. (3) All members of a Faculty, other than the ex officio members, shall hold office for a term of three years. (4) The conduct of the meetings of a Faculty and the quorum required for each Faculty shall be prescribed by the Ordinances. _19. POWERS AND FUNCTIONS OF THE FACULTIES:_ In addition to the powers and functions of the Faculties prescribed under the Ordinances, they shall have power,— (i) to co-ordinate teaching and research activities of Departments assigned to the Faculty, and to promote and provide for inter-disciplinary teaching and research and to arrange for examination and periodical tests in subjects falling within the purview of the Faculty; (ii) to appoint Boards of Studies or Committees or to undertake research projects common to more than one Department; (iii) to approve courses of study proposed by the Departments; (iv) to forward to the Majlis-i-Muntazimah (Executive Council) the recommendations of the Boards of Studies or Committee for Advance Studies and Research; (v) to propose the draft of Ordinances for the examination for courses conducted by the Faculty; (vi) to recommend proposals for the creation and abolition of teaching posts; and (vii) to perform such other functions as the Majlis-i-Muntazimah (Executive Council) and Majlis-i-Talimi (Academic Council) may prescribe. _20. DEPARTMENTS:_ (1) Each Faculty shall have such Departments as may be assigned to it by the Ordinances. (2) No Department shall be established or abolished except by these Statutes. (3) The Departments in existence at the commencement of the Jamia Millia Islamia Act, 1988 and the Faculties relating thereto shall continue to function heretofore until decided otherwise by the Statutes. 22 ----- (4) Each Department shall consist of the following members, namely:— (i) teachers of the Department; (ii) persons conducting research in the Department; (iii) Dean of the Faculty or Deans of the Faculties; (iv) Honorary Professors, if any, attached to Department; and (v) such other persons as may be members of the Department in accordance with the provisions of the Ordinances. (5) Each Department shall have a Head of the Department who shall be appointed in accordance with these Statutes and shall perform such functions as may be prescribed by the Ordinances. _21. BOARDS OF STUDIES:_ (1) Each Department shall have a Board of Studies which shall consist of:— (i) the Head of the Department, who shall be the Chairman; (ii) Dean of the Faculty concerned; (iii) all members of the Department; (iv) two persons teaching allied or cognate subjects in the University to be nominated by the Majlis-i-Talimi (Academic Council); and (v) two experts not in the service of the University to be co-opted by the Board of Studies. (2) The appointment of members specified in items (iv) and (v) of sub-clause (1) shall be for a period of three years. (3) The functions of Board of Studies shall be,— (i) to recommend to the Faculty in the manner prescribed by the Ordinances: (a) courses of studies; (b) appointment of examiners for under-graduate and post-graduate courses, but excluding research degrees; (c) creation, abolition or upgrading of teaching posts; (d) field of study of each post at the time of its creation; (e) measures for improvement of standard of teaching and research; (f) subjects for research for various degrees and other requirements of research work; and (g) appointment of supervisors for research work; (ii) to allocate teaching work among the teachers; (iii) to consider matters of general and academic interest to the Department and of its functioning; (iv) to perform such other functions as may be assigned to it by the Faculty: Provided that a Department, for reasons of its size or otherwise shall, in the interest of efficient discharge of its functions, constitute Committee and assign them responsibilities in specified areas as may be prescribed by the Ordinances. _22. MASS COMMUNICATION RESEARCH CENTRE:_ (1) Subject to the provisions of the Act and these Statutes, the Mass Communication Research Centre will be an autonomous Centre of the University and shall organize instructions and research in the Mass Media in consonance with the objectives of the University. 23 ----- (2) There shall be a Board of Management for the Mass Communication Research Centre which shall consist of the following members, namely:— (i) the Chairman to be appointed by the Visitor from a panel of three persons recommended by the Majlis-i-Muntazimah (Executive Council) for a period of five years or till he attains the age of sixty-five years whichever is earlier. He shall be eligible for re-appointment; (ii) four eminent persons in the field of Mass Communications to be nominated from outside the University by the Majlis-i-Muntazimah (Executive Council) in consultation with the Chairman; (iii) a nominee of the Shaikh-ul-Jamia (Vice-Chancellor); (iv) two persons to be nominated by the University Grants Commission; (v) one except from amongst the Mass Communication Centres in other Universities to be nominated by the Majlis-i-Muntazimah (Executive Council); (vi) Heads of all Departments of the Centre. (3) The Administrative Officer of the Centre shall be the ex officio Secretary of the Board of Management, but he shall not be a member of the Board. (4) The terms of members other than the ex officio members shall be for a period of three years. (5) The Centre shall be a separate administrative unit of the University and shall enjoy administrative academics, financial and budgetary autonomy in its functions: Provided that the Majlis-i-Muntazimah (Executive Council) may issue from time to time, such directions on all matters as it may consider necessary, for the smooth functioning of the Centre and in case the Board of Management does not agree with such directions, the matter may be referred to the Visitor whose decision thereon shall be final. (6) The Board shall be competent to exercise all or any of the following powers, namely:— (i) to appoint, from time to time, Professors, Readers, Lecturers, Librarian and such other members of the teaching staff, officers and other employees of the Centre on the recommendations of the Selection Committees constituted for the purpose and all such appointees shall be employees of the University and shall be governed by the Act, these Statutes, Ordinances and Regulations; (ii) to delegate administrative, financial and other powers to such officer or officers subject to such conditions as it may deem necessary; (iii) to manage and regulate the finances, accounts, business and all other administrative affairs of the Centre; (iv) to institute and regulate the award of fellowships, scholarships, studentships, medals, prizes, certificates and merit certificates; (v) to appoint on the recommendations of the Majlis-i-Talimi (Academic Council), Examiners, Moderators and other persons concerned with the conduct of the examinations and to fix their remuneration; (vi) to entertain, adjudicate upon and redress any grievances of the officers, teaching staff or other employees of the Centre who may feel aggrieved or for any other reason; (vii) to exercise such other powers and perform such other functions and discharge such other duties as may be deemed necessary to achieve the objectives of the University. (7) The Board of Management shall submit its annual report, in respect of all matters concerning the affairs of the Centre, to the Majlis-i-Muntazimah (Executive Council). (8) The annual accounts and financial estimates of the Centre shall be submitted to the Majlis-i-Maliyat (Finance Committee). 24 ----- (9) The Chairman of the Board of Management shall be an officer of the University and shall be responsible to the Majlis-i-Muntazimah (Executive Council), for the overall functioning and supervision of the Centre and shall exercise such powers and perform such duties as may be assigned to him from time to time by the Board. (10) The Chairman of the Board of Management shall be invited to participate in all meetings of the Majlis-i-Muntazimah (Executive Council), whenever any matter concerning the Centre is on the agenda. (11) The Board of Management shall make regulations for regulating the proper working and management of the Centre. (12) The Board of Management may constitute such bodies as it deems necessary for the functioning of the Centre and frame regulations therefor. (13) The Shaikh-ul-Jamia (Vice-Chancellor) shall have the privilege to attend any or all the meetings of the Board of Management of the Centre. _23. JAMIA SCHOOLS:_ (1) Subject to the provisions of the Act and these Statutes, the Schools established and maintained by the University shall function as an autonomous unit with a Board of Management to manage and supervise their working: Provided that the Majlis-i-Muntazimah (Executive Council) may issue, from time to time, such directions on all matters, as it may consider necessary, for the smooth functioning of the Schools and in case the Board of Management does not agree with such directions, the matter may be referred to the Visitor, whose decision thereon shall be final. (2) The Board of Management shall consist of the following members, namely:— (i) the Shaikh-ul-Jamia (Vice-Chancellor), who shall be the Chairman; (ii) The Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor); (iii) the Dean, Faculty of Education; (iv) the Principal, Senior Secondary School; (v) the Headmaster, Middle School; (vi) the Director, Nursery School; (vii) the Director, Balak Mata Centres; (viii) one Principal from among the Principals of the Senior Secondary Schools of Delhi, to be nominated by the Shaikh-ul-Jamia (Vice-Chancellor); (ix) the Secretary, Central Board of Secondary Education, Delhi; (x) the Assistant Registrar for Schools, who shall be the Secretary. (3) The Board of Management shall be competent to exercise the following powers, namely:— (i) to appoint the members of the teaching and administrative staff on the recommendation of the Selection Committees constituted for the purpose and all such appointees shall be the employees of the University and shall be governed by the Act, these Statutes, Ordinances and Regulations; (ii) to manage and regulate the finances, accounts, business and all other administrative affairs of the Schools; (iii) to appoint examiners, moderators and others concerned with the conduct of examination and to fix their remuneration; (iv) to institute and regulate the award of scholarships, studentships, certificates, medals and prizes; 25 ----- (v) to entertain and adjudicate upon any grievances of the members of the teaching and administrative staff of the Schools; and (vi) to exercise such other powers and perform such other functions as may be deemed necessary for the smooth functioning of the Schools. _24. THE MAJLIS-I-MALIYAT (FINANCE COMMITTEE):_ (1) The Majlis-i-Maliyat (Finance Committee) shall consist of the following members, namely:— (i) the Shaikh-ul-Jamia (Vice-Chancellor); (ii) the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor); (iii) two Deans of the Faculties to be nominated by the Majlis-i-Muntazimah (Executive Council); (iv) two persons to be nominated by the Majlis-i-Muntazimah (Executive Council) from amongst its members other than those in the service of the University; (v) three persons to be nominated by the Visitor. (2) The Finance Officer shall be the _ex officio Secretary of the Committee but shall not be the_ member of the Committee. (3) The Majlis-i-Maliyat (Finance Committee) shall meet at least twice a year to examine the accounts and to scrutinise proposals for expenditure. (4) All the members of the Majlis-i-Maliyat (Finance Committee) other than ex officio members, shall hold office for a term of three years. (5) Five members of the Majlis-i-Maliyat (Finance Committee) shall form the quorum. (6) The Annual Accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Majlis-i-Maliyat (Finance Committee) for consideration and comments and thereafter submitted to the Majlis-i-Muntazimah (Executive Council) for approval. (7) The Majlis-i-Maliyat (Finance Committee) shall fix 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) and expenditure shall not be incurred by the University in excess of the limits so fixed. (8) No expenditure other than that provided for in the budget shall be incurred by the University without the approval of the Majlis-i-Maliyat (Finance Committee). _25. SELECTION COMMITTEES:_ (1) There shall be Selection Committees for making recommendation to the Majlis-i-Muntazimah (Executive Council) for appointment to the posts of Professors, Readers, Lecturers, Librarian, Registrar, Finance Officer and Principals of 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 Shaikh-ul-Jamia (Vice-Chancellor), Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor), a nominee of the Visitor and the persons specified in the corresponding entry in column (2) of the said Table: Provided that where the appointment of teacher is to be made in an Institution, the Principal of that Institution shall also be an _ex officio member of the Selection Committee constituted for such_ appointment: 26 ----- TABLE (1) (2) Professor (i) The Head of the Department concerned, if he is a Professor. (ii) One Professor to be nominated by the Shaikh-ul-Jamia (Vice-Chancellor). (iii) Three persons not in the service of the University, nominated by the Majlis-i-Muntazimah (Executive Council) out of a panel of names recommended by the Majlis-i-Talimi (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 Shaikh-ul-Jamia (Vice-Chancellor). (iii) Two persons not in the service of the University, nominated by the Majlis-i-Muntazimah (Executive Council) out of a panel of names recommended by the Majlis-i-Talimi (Academic Council), for their special knowledge of, or interest in, the subject with which the Reader or Lecturer will be concerned. Musajjil (Registrar)/Finance Officer (i) Two members of the Majlis-i-Muntazimah (Executive Council) nominated by it. (ii) One person not connected with the University nominated by the Majlis-i-Muntazimah (Executive Council). Librarian (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 Majlis-i-Muntazimah (Executive Council). (ii) One person, not in the service of the University, nominated by the Majlis-i-Muntazimah (Executive Council). Principal of an Institution maintained by the University Principal, Higher Secondary School; Headmaster, Middle School; Director, Nursery School; and Director, Balak Mata Centre Three persons not in the service of the University of whom two shall be nominated by the Majlis-i-Muntazimah (Executive Council) and one by the Majlis-i-Talimi (Academic Council) for their special knowledge of, or interest in, a subject in which instruction is being provided by the Institution. (i) The Dean, Faculty of Education; (ii) Three persons, who are not employees of the Jamia and not members of the Majlis-i-Muntazimah or the Majlis-i-Talimi, out of whom two be nominated by the Shaikh-ul-Jamia out of a panel of 7 persons to be suggested by the Majlis-i-Talimi and one be nominated by the Majlis-i-Muntazimah. 27 ----- (1) (2) Other Teachers (i) The Dean, Faculty of Education; (ii) The Head of the School concerned; (iii) One person, who is not engaged in teaching at the Jamia and not member of the Majlis-i-Muntazimah or the Majlis-i-Talimi, be nominated by the Shaikh-ul-Jamia out of a panel of four persons for their experience of school education and administration. Library Staff The Majlis-i-Muntazimah will appoint a permanent Selection Committee for the Library Staff, other than Librarian (from time to time). Administrative Staff The Majlis-i-Muntazimah will appoint a permanent Selection Committee for Administrative Staff (from time to time). (3) The Shaikh-ul-Jamia (Vice-Chancellor) or in his absence, the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall preside at the meetings of the Selection Committee. (4) The meetings of the Selection Committee shall be convened by the Shaikh-ul-Jamia (Vice-Chancellor) or in his absence by the Naib Shaikh-ul-Jamia (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 Majlis-i-Muntazimah (Executive Council) is unable to accept the recommendations made by the 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 laid down in the foregoing clauses; (ii) if the temporary vacancy is for a period less than one academic session, an appointment to such vacancy shall be made on the recommendation of a Local Selection Committee consisting of the Dean of the Faculty, the Head of the Department and a nominee of the Shaikh-ul-Jamia (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 Shaikh-ul-Jamia (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 Shaikh-ul-Jamia (Vice-Chancellor) and the Musajjil (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, or given a fresh appointment 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. (8) Notwithstanding anything contained in the foregoing clauses, the Majlis-i-Muntazimah (Executive Council) may invite a person of high academic distinction and professional attainment 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. (9) The Majlis-i-Muntazimah (Executive Council) of the University may appoint a teacher or any other academic staff working in any other University or institution for undertaking a joint project in accordance with the manner prescribed in the Ordinances. 28 ----- 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. 2. The Professor to be nominated shall be a Professor concerned with the specialty for which the selection is being made and that the Shaikh-ul-Jamia (Vice-Chancellor) shall consult the Head of the Department and the Dean of the Faculty before nominating the Professor. (10) The Majlis-i-Muntazimah (Executive Council) may appoint a person selected in accordance with the procedure laid down in the foregoing clauses for a fixed tenure on such terms and conditions as it deems fit. _26. COMMITTEES:_ Any authority of the University may appoint as many Standing or Special Committees as it may deem fit, consisting of members of the authority making such appointment and of such other persons (if any) as that authority in each case may think fit; and any such Committee may deal with any subject assigned to it subject to subsequent confirmation of the authority appointing it. _27. 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 the 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 and a copy of the contract shall be deposited with the Musajjil (Registrar). _28. 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 Majlis-i-Muntazimah (Executive Council) may, from time to time, determine. (2) It shall be the duty of the Musajjil (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 the foregoing clause. (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 Musajjil (Registrar) may, on his own motion and shall at the request of any such person, submit the matter to the Majlis-i-Muntazimah (Executive Council) whose decision thereon shall be final. _29. HONORARY DEGREES:_ (1) The Majlis-i-Muntazimah (Executive Council) may, on the recommendation of the Majlis-i-Talimi (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 Majlis-i-Muntazimah (Executive Council) may, on its own, make such proposals. (2) The Majlis-i-Muntazimah (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. 29 ----- _30. WITHDRAWAL OF DEGREES, ETC.:_ The Majlis-i-Muntazimah (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 Majlis-i-Muntazimah (Executive Council). _31. MAINTENANCE OF DISCIPLINE AMONG STUDENTS OF THE UNIVERSITY:_ (1) All powers relating to discipline and disciplinary action in relation to students shall vest in the Shaikh-ul-Jamia (Vice-Chancellor). (2) The Shaikh-ul-Jamia (Vice-Chancellor) may delegate all or any of his powers as he deems proper to any officer as he may specify in this behalf. (3) Without prejudice to the generality of his power relating to the maintenance of discipline and taking such action in the interest of maintaining discipline as may seem to him appropriate, the Shaikh-ul-Jamia (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 Department or an Institution 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 or a Department or an Institution 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 Chairman of the Centre, the Chairman of the Board of Management of the School, the Deans of Faculties, the Heads of Departments and the Principals of Institutions, shall have the authority to exercise all such disciplinary powers over the students in their respective Centres, Schools, Faculties, Institutions and Departments as may be necessary for the proper conduct of such Centres, Schools, Faculties, Departments and Institutions. (5) Without prejudice to the powers of the Shaikh-ul-Jamia (Vice-Chancellor), the detailed rules of discipline and proper conduct shall be framed by the University. The Chairman of the Centre, the Chairman of the Board of Management of the School, Directors of Centres, Deans of Faculties and Heads of Departments and Principals of Institutions may frame such supplementary rules, as they may deem necessary for the aforesaid purposes. (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 Shaikh-ul-Jamia (Vice-Chancellor) and the other authorities of the University. _32. ESTABLISHMENT OF INSTITUTIONS:_ The establishment of Institutions and the abolition thereof shall be governed by these Statutes. _33. CONVOCATION:_ The 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. _34. ACTING CHAIRMAN OF MEETINGS:_ Where no provision is made for a President or Chairman to preside over a meeting of an 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. 30 ----- _35. RESIGNATION:_ (1) Any member, other than an ex officio member of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (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. (2) Any officer of the University, whether salaried or otherwise, may resign his office by letter addressed to the Registrar: Provided that such resignation shall take effect only on the date from which the same is accepted by the authority competent to fill the vacancy. _36. DISQUALIFICATIONS:_ (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University— (i) if he is of unsound mind or is a deaf-mute; (ii) if he is an undischarged insolvent; (iii) 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. _37. REMOVAL OF TEACHERS:_ (1) Where there is an allegation of misconduct against a teacher, or a member of the academic staff, the Shaikh-ul-Jamia (Vice-Chancellor) may, if he thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Majlis-i-Muntazimah (Executive Council) the circumstances in which the order was made: Provided that the Majlis-i-Muntazimah (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 Majlis-i-Muntazimah (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 Majlis-i-Muntazimah (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 thereof. (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 Majlis-i-Muntazimah (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 the Statutes, a teacher or a member of the academic staff may resign by giving three months’ notice in writing to the Majlis-i-Muntazimah (Executive Council) or on payment to the University of three months’ salary in lieu thereof. 31 ----- _38. 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— (i) if he is of unsound mind or is a deaf-mute; (ii) if he is an undischarged insolvent; (iii) if he has been convicted by a court of law or an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months; (iv) 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 Majlis-i-Muntazimah (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 (iii) of sub-clause (iv) of clause (1), he shall be given three months’ notice in writing or paid three months’ salary in lieu thereof. (4) Notwithstanding anything contained in the 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. _39. ORDINANCES HOW MADE:_ (1) The Ordinances made under sub-section (2) of section 25 of the Act may be amended, repealed or added to at any time by the Majlis-i-Muntazimah (Executive Council) in the manner specified below. (2) No Ordinance in respect of the matters enumerated in section 25, other than those enumerated in clause (p) of sub-section (1) thereof, shall be made by the Majlis-i-Muntazimah (Executive Council) unless a draft of such Ordinance has been proposed by the Majlis-i-Talimi (Academic Council). (3) The Majlis-i-Muntazimah (Executive Council) shall not have power to amend any draft of any Ordinance proposed by the Majlis-i-Talimi (Academic Council) under clause (2), but may reject the proposal or return the draft to the Majlis-i-Talimi (Academic Council) for re-consideration, either in whole or in part, together with any amendment which the Majlis-i-Muntazimah (Executive Council) may suggest. (4) Where the Majlis-i-Muntazimah (Executive Council) has rejected or returned the draft of an Ordinance proposed by the Majlis-i-Talimi (Academic Council), the Majlis-i-Talimi (Academic Council) may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Majlis-i-Talimi (Academic Council) the draft may be sent back to the Majlis-i-Muntazimah (Executive Council) which shall either adopt it or refer it to the Visitor whose decision thereon shall be final. (5) Every Ordinance made by the Majlis-i-Muntazimah (Executive Council) shall come into effect immediately. 32 ----- (6) Every Ordinance made by the Majlis-i-Muntazimah (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 Majlis-i-Muntazimah (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 thereon shall be final. _40. REGULATIONS:_ (1) The authorities of the University may make regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely:— (i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (ii) providing for all matters which are required by the Act, the Statutes or the Ordinances to be prescribed by Regulations; and (iii) providing for all other matters solely concerning such authorities or Committee appointed by them and not provided for by the Act, the Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Majlis-i-Muntazimah (Executive Council) may direct the amendment, in such manner as it may specify, of any Regulation made under the Statutes or the annulment of any such Regulation. _41. DELEGATION OF POWERS:_ Subject to the provisions of the Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. _42. 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 _SHIP OF OTHER BODIES:_ _43. 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 office so long only 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. _44. ALUMNI (OLD BOYS) ASSOCIATION:_ (1) There shall be an Alumni (Old Boys’) Association for the University. (2) No person shall be a member of the Association unless— (i) he has paid such subscription and satisfies such conditions as may be prescribed by the Ordinances; and (ii) he is a graduate of the Jamia Millia Islamia or the University. 33 -----

14-Oct-1988

59

The Motor Vehicles Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1798/1/198859.pdf

central

# THE MOTOR VEHICLES ACT, 1988 ____________ # ARRANGEMENT OF SECTIONS ___________________ Last update: 7-4-2022 CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 2A. e-cart and e-rickshaw. 2B. Promotion of innovation. CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Necessity for driving licence. 4. Age limit in connection with driving of motor vehicles. 5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4. 6. Restrictions on the holding of driving licences. 7. Restrictions on the granting of learner’s licences for certain vehicles. 8. Grant of learner’s licence. 9. Grant of driving licence. 10. Form and contents of licences to drive. 11. Additions to driving licence. 12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles. 13. Extent of effectiveness of licences, to drive motor vehicles. 14. Currency of licences to drive motor vehicles. 15. Renewal of driving licences. 16. Revocation of driving licence on grounds of disease or disability. 17. Orders refusing or revoking driving licences and appeals therefrom. 18. Driving Licences to drive motor vehicles, belonging to the Central Government. 19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence. 20. Power of Court to disqualify. 21. Suspension of driving licence in certain cases. 22. Suspension or cancellation of driving licence on conviction. 23. Effect of disqualification order. 24. Endorsement. 25. Transfer of endorsement and issue of driving licence free from endorsement. 25A. National Register of Driving Licences. 26. Maintenance of State Registers of Driving Licences. 27. Power of Central Government to make rules. 28. Power of State Government to make rules. 1 ----- CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES SECTIONS 29. Necessity for conductor’s licence. 30. Grant of conductor’s licence. 31. Disqualifications for the grant of conductor’s licence. 32. Revocation of a conductor’s licence on grounds of disease or disability. 33. Orders refusing, etc., conductor’s licences and appeals therefrom. 34. Power of licensing authority to disqualify. 35. Power of Court to disqualify. 36. Certain provisions of Chapter II to apply to conductor’s licence. 37. Savings. 38. Power of State Government to make rules. CHAPTER IV REGISTRATION OF MOTOR VEHICLES 39. Necessity for registration. 40. Registration, where to be made. 41. Registration, how to be made. 42. Special provision for registration of motor vehicles of diplomatic officers, etc. 43. Temporary registration. 44. Production of vehicle at the time of registration. 45. Refusal of registration or renewal of the certificate of registration. 46. Effectiveness in India of registration. 47. Assignment of new registration mark on removal to another State. 48. No objection certificate. 49. Change of residence or place of business. 50. Transfer of ownership. 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc. 52. Alteration in motor vehicle. 53. Suspension of registration. 54. Cancellation of registration suspended under section 53. 55. Cancellation of registration. 56. Certificate of fitness of transport vehicles. 57. Appeals. 58. Special provisions in regard to transport vehicles. 59. Power to fix the age limit of motor vehicle. 60. Registration of vehicles belonging to the Central Government. 61. Application of Chapter to trailers. 62. Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority. 62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles. 62B. National Register of Motor Vehicles. 63. Maintenance of State Registers of Motor Vehicles. 64. Power of Central Government to make rules. 65. Power of State Government to make rules. 2 ----- CHAPTER V CONTROL OF TRANSPORT VEHICLES SECTIONS 66. Necessity for permits. 66A. National Transportation Policy. 66B. No bar against permit holders to apply and hold licences under schemes. 67. Power to State Government to control road transport. 68. Transport Authorities. 69. General provision as to applications for permits. 70. Application for stage carriage permit. 71. Procedure of Regional Transport Authority in considering application for stage carriage permit. 72. Grant of stage carriage permits. 73. Application for contract carriage permit. 74. Grant of contract carriage permit. 75. Scheme for renting of motor cabs. 76. Application for private service vehicle permit. 77. Application for goods carriage permit. 78. Consideration of application for goods carriage permit. 79. Grant of goods carriage permit. 80. Procedure in applying for and granting permits. 81. Duration and renewal of permits. 82. Transfer of permit. 83. Replacement of vehicles. 84. General conditions attaching to all permits. 85. General form of permits. 86. Cancellation and suspension of permits. 87. Temporary permits. 88. Validation of permits for use outside region in which granted. 88A. Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods. 89. Appeals. 90. Revision. 91. Restriction of hours of work of drivers. 92. Voidance of contracts restrictive of liability. 93. Agent or canvasser or aggregator to obtain licence. 94. Bar on jurisdiction of Civil Courts. 95. Power of State Government to make rules as to stage carriages and contract carriages. 96. Power of State Government to make rules for the purposes of this Chapter. CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS 97. Definition. 98. Chapter to override Chapter V and other laws. 99. Preparation and publication of proposal regarding road transport service of a State transport undertaking. 100. Objection to the proposal. 101. Operation of additional services by a State transport undertaking in certain circumstances. 3 ----- SECTIONS 102. Cancellation or modification of scheme. 103. Issue of permits to State transport undertakings. 104. Restriction on grant of permits in respect of a notified area or notified route. 105. Principles and method of determining compensation and payment thereof. 106. Disposal of article found in vehicles. 107. Power of State Government to make rules. 108. Certain powers of State Government exercisable by the Central Government. CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 109. General provision regarding construction and maintenance of vehicles. 110. Power of Central Government to make rules. 110A. Recall of motor vehicles. 110B. Type of approval certificate and testing agencies. 111. Power of State Government to make rules. CHAPTER VIII CONTROL OF TRAFFIC 112. Limits of speed. 113. Limits of weight and limitations on use. 114. Power to have vehicle weighed. 115. Power to restrict the use of vehicles. 116. Power to erect traffic signs. 117. Parking places and halting stations. 118. Driving regulations. 119. Duty to obey traffic signs. 120. Vehicles with left hand control. 121. Signals and signalling devices. 122. Leaving vehicle in dangerous position. 123. Riding on running board, etc. 124. Prohibition against travelling without pass or ticket. 125. Obstruction of driver. 126. Stationary vehicles. 127. Removal of motor vehicles abandoned or left unattended on a public place. 128. Safety measures for drivers and pillion riders. 129. Wearing of protective headgear. 130. Duty to produce licence and certificate of registration. 131. Duty of the driver to take certain precautions at unguarded railway level crossing. 132. Duty of driver to stop in certain cases. 133. Duty of owner of motor vehicle to give information. 134. Duty of driver in case of accident and injury to a person. 134A. Protection of Good Samaritans. 135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc. 136. Inspection of vehicle involved in accident. 136A. Electronic monitoring and enforcement of road safety. 4 ----- SECTIONS 137. Power of Central Government to make rules. 138. Power of State Government to make rules. CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA 139. Power of Central Government to make rules. CHAPTER X [LIABILITY WITHOUT FAULT IN CERTAINCASES] [Omitted.]. 140. [Omitted.]. 141. [Omitted.]. 142. [Omitted.]. 143. [Omitted.]. 144. [Omitted.]. CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 145. Definitions. 146. Necessity for insurance against third party risks. 147. Requirements of policies and limits of liability. 148. Validity of policies of insurance issued in reciprocating countries. 149. Settlement by insurance company and procedure therefor. 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. 151. Rights of third party against insurers on insolvency of insured. 152. Duty to give information as to insurance. 153. Settlement between insurers and insured persons. 154. Saving in respect of sections 151, 152 and 153. 155. Effect of death on certain causes of action. 156. Effect of certificate of insurance. 157. Transfer of certificate of insurance. 158. Production of certain certificates, licence and permit in certain cases. 159. Information to be given regarding accident. 160. Duty to furnish particulars of vehicle involved in accident. 161. Special provisions as to compensation in case of hit and run motor accident. 162. Scheme for golden hour. 163. Refund in certain cases of compensation paid under section 161. 164. Payment of compensation in case of death or grevious hurt, etc. 164A. Scheme for interim relief for claimants. 164B. Motor Vehicle Accident Fund. 164C. Power of Central Government to make rules. 164D. Power of State Government to make rules. 5 ----- CHAPTER XII CLAIMS TRIBUNALS SECTIONS 165. Claims Tribunals. 166. Application for compensation. 167. Option regarding claims for compensation in certain cases. 168. Award of the Claims Tribunal. 169. Procedure and powers of Claims Tribunals. 170. Impleading insurer in certain cases. 171. Award of interest where any claim is allowed. 172. Award of compensatory costs in certain cases. 173. Appeals. 174. Recovery of money from insurer as arrear of land revenue. 175. Bar on jurisdiction of Civil Courts. 176. Power of State Government to make rules. 177. General provision for punishment of offences. 177A. Penalty for contravention of regulations under section 118. CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE 178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc. 179. Disobedience of orders, obstruction and refusal of information. 180. Allowing unauthorised persons to drive vehicles. 181. Driving vehicles in contravention of section 3 or section 4. 182. Offences relating to licences. 182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components. 182B. Punishment for contravention of section 62A. 183. Driving at excessive speed, etc. 184. Driving dangerously. 185. Driving by a drunken person or by a person under the influence of drugs. 186. Driving when mentally or physically unfit to drive. 187. Punishment for offences relating to accident. 188. Punishment for abetment of certain offences. 189. Racing and trials of speed. 190. Using vehicle in unsafe condition. 191. [Omitted]. 192. Using vehicle without registration. 192A. Using vehicle without permit. 192B. Offences relating to registration. 193. Punishment of agents, canvassers and aggregators without proper authority. 194. Driving vehicle exceeding permissible weight. 194A. Carriage of excess passengers. 194B. Use of safety belts and the seating of children. 6 ----- SECTIONS 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders. 194D. Penalty for not wearing protective headgear. 194E. Failure to allow free passage to emergency vehicles. 194F. Use of horns and silence zones. 195. [Omitted]. 196. Driving uninsured vehicle. 197. Taking vehicle without authority. 198. Unauthorised interference with vehicle. 198A. Failure to comply with standards for road design, construction and maintenance. 199. Offences by companies. 199A. Offences by juveniles. 199B. Revision of fines. 200. Composition of certain offences. 201. Penalty for causing obstruction to free flow of traffic. 202. Power to arrest without warrant. 203. Breath tests. 204. Laboratory test. 205. Presumption of unfitness to drive. 206. Power of police officer to impound document. 207. Power to detain vehicles used without certificate of registration permit, etc. 208. Summary disposal of cases. 209. Restriction on conviction. 210. Courts to send intimation about conviction. 210A. Power of State Government to increase penalties. 210B. Penalty for offence committed by an enforcing authority. 210C. Power of Central Government to make rules. 210D. Power of State Government to make rules. CHAPTER XIV MISCELLANEOUS 211. Power to levy fee. 211A. Use of electronic forms and documents. 212. Publication, commencement and laying of rules and notifications. 213. Appointment of motor vehicles officers. 214. Effect of appeal and revision on orders passed by original authority. 215. Road Safety Councils and Committees. 215A. Power of Central Government and State Government to delegate. 215B. National Road Safety Board. 215C. Power of Central Government to make rules. 215D. Power of State Government to make rules. 216. Power to remove difficulties. 217. Repeal and savings. 217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939. THE FIRST SCHEDULE. THE SECOND SCHEDULE. [Omitted]. 7 ----- # THE MOTOR VEHICLES ACT, 1988 ACT NO. 59 OF 1988 An Act to consolidate and amend the law relating to motor vehicles. [14th October, 1988.] BE it enacted by Parliament in the Thirty-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 Motor Vehicles Act,** 1988. (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 any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State. **2. Definitions.—In this Act, unless context otherwise requires,—** 2[(1) “adapted vehicle” means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person; (1A) “aggregator” means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation; (1B) “area”, in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;] (2) “articulated vehicle” means a motor vehicle to which a semitrailer is attached; (3) “axle weight” means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; (4) “certificate of registration” means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; 3[(4A) “community service” means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;] (5) “conductor”, in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed; (6) “conductor’slicence” means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (7) “contract carriage” means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum— (a) on a time basis, whether or not with reference to any route or distance; or 1. 1st July, 1989, vide notification No. S.O. 368(E), dated 22nd May, 1989, see Gazette of India, Extraordinary, Pt. II, sec. 3 (ii). 2. Subs. by Act 32 of 2019, s. 2, for clause (1) (w.e.f. 1-9-2019). 3. Ins. by s. 2, ibid (w.e.f. 1-9-2019). 8 ----- (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes— (i) amaxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) “dealer” includes a person who is engaged— 1* - - - (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9) “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; 2[(9A) “driver refresher training course” means the course referred to in sub-section (2A) of section 19;] (10) “driving licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; (11) “educational institution bus” means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; (12) “fares” includes sums payable for a season ticket or in respect of the hire of a contract carriage; 2[(12A) “golden hour” means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;] (13) “goods” includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; (14) “goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (15) “gross vehicle weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (16) “heavy goods vehicle” means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (17) “heavy passenger motor vehicle” means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; 3* - - - (19) “learner’s licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description; 1. Sub-clause (a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14-11-1994). 2. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 3. Clause (18) omitted by s. 2, ibid. (w.e.f. 1-9-2019). 9 ----- (20) “licensing authority” means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III; (21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed [1][7500] kilograms; 2[(21A) “manufacturer” means a person who is engaged in the manufacture of motor vehicles;] (22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) “medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods vehicle; (24) “medium passenger motor vehicle” means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, [3][adapted vehicle], light motor vehicle or heavy passenger motor vehicle; (25) “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) “motor car” means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or [3][adapted vehicle]; (27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 4[twenty-five cubic centimetres]; (29) “omnibus” means any motor vehicle constructed or adapted to carry more than six persons excluding the driver; (30) “owner” means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement; (31) “permit” means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; (32) “prescribed” means prescribed by rules made under this Act; (33) “private service vehicle” means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes; (34) “public place” means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage; (35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; 1. Subs. by Act 54 of 1994, s. 2, for “6000” (w.e.f. 14-11-1994). 2. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 2, for “invalid carriage” (w.e.f. 1-9-2019). 4. Subs. by Act 54 of 1994, s. 2, for “thirty-five cubic centimetres” (w.e.f. 14-11-1994). 10 ----- (36) “registered axle weight” means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle; (37) “registering authority” means an authority empowered to register motor vehicles under Chapter IV; (38) “route” means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another; 1[(38A) “scheme” means a scheme framed under this Act;] 2[(39) “semi-trailer” means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is superimposed on, and a part of whose weight is borne by, that motor vehicle;] (40) “stage carriage” means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey; (41) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (42) “State transport undertaking” means any undertaking providing road transport service, where such undertaking is carried on by,— (i) the Central Government or a State Government; (ii) any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments; 3[(iv) Zilla Parishad or any other similar local authority.] _Explanation.—For the purposes of this clause, “road transport service” means a service of motor_ vehicles carrying passengers or goods or both by road for hire or reward; 1[(42A) “testing agency” means any entity designated as a testing agency under section 110B;] (43) “tourist vehicle” means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf; (44) “tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; (45) “traffic signs” includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles; (46) “trailer” means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle; (47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; (48) “unladen weight” means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body; 1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1988, s. 2, for clause (39) (w.e.f. 14-11-1994). 3. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 11 ----- (49) “weight” means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests [1][or moves]. 2[2A. **e-cart and e-rickshaw.—(1) Save as otherwise provided in the proviso to sub-section (1) of** section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw. (2) For the purposes of this section, “e-cart or e-rickshaw” means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.] 3[2B. Promotion of innovation.—Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.] CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES **3. Necessity for driving licence.—(1) No person shall drive a motor vehicle in any public place** unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than [4][a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government. **4. Age limit in connection with driving of motor vehicles.—(1) No person under the age of** eighteen years shall drive a motor vehicle in any public place: Provided that [5][a motor cycle with engine capacity not exceeding 50cc] may be driven in a public place by a person after attaining the age of sixteen years. (2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place. (3) No learner’s licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section. **5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4.—No owner** or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle. **6. Restrictions on the holding of driving licences.—(1) No person shall, while he holds any driving** licence for the time being in force, hold any other driving licence except a learner’s licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle. (2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive. 1. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 2. Ins. by Act 3 of 2015, s. 2 (w.e.f. 7-1-2015). 3. Ins. by Act 32 of 2019, s. 3 (w.e.f. 1-9-2019). 4. Subs. by Act 54 of 1994, s. 3 for “a motor cab” (w.e.f. 14-11-1994). 5. Subs. by s. 4, ibid., for “a motor cycle without gear” (w.e.f. 14-11-1994). 12 ----- **7. Restrictions on the granting of learner’slicences for certain vehicles.—[1][(1)** No person shall be granted a learner's licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year:] 2[Provided that nothing contained in this sub-section shall apply to an e-cart or e-rickshaw.] (2) No person under the age of eighteen years shall be granted a learner’s licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner’s licence. **8. Grant of learner’s licence.—(1) Any person who is not disqualified under section 4 for driving a** motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to [3][any of the licensing authority in the State]— (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner’s licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents [4][with such fee and submit in such manner, including electronic means] as may be prescribed by the Central Government. (3) Every application [5][to drive a transport vehicle made] under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose: 6* - - - (4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner’s licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner’s licence: Provided that a learner’s licence limited to driving an [7][adapted vehicle] may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. (5) No learner’s licence shall be issued to any applicant unless he [8][satisfies such conditions] as may be prescribed by the Central Government. (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner’s licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle: Provided that a licensing authority may issue a learner’s licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant’s inability to apply to the appropriate licensing authority. 1. Subs. by Act 54 of 1994, s. 5, for sub-section (1) (w.e.f. 14-11-1994). 2. Ins. by Act 3 of 2015, s. 3 (w.e.f. 7-1-2015). 3. Subs. by Act 32 of 2019, s. 4, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 4. Subs. by s. 4, ibid., for “and with such fee” (w.e.f. 1-9-2019). 5. Ins. by s. 4, ibid. (w.e.f. 1-9-2019). 6. The proviso omitted by s. 4, ibid (w.e.f. 1-9-2019). 7. Subs. by s. 4, ibid., for “invalid carriage” (w.e.f. 1-9-2019). 8. Subs. by s. 4, ibid., for “passes to the satisfaction of the licensing authority such test” (w.e.f. 1-4-2021). 13 ----- 1[Provided further that a licencing authority may issue a learner’s licence in electronic form and such manner as may be prescribed by the Central Government.: Provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the Central Government.] (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both. (8) Any learner’s licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear. **9. Grant of driving licence—(1) Any person who is not for the time being disqualified for holding or** obtaining a driving licence may apply to [2][any licensing authority in the State]— (i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. 3[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence: Provided that no such test shall be necessary where the applicant produces proof to show that— (a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between thed ate of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8, (b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: 4[Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.]] (4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses [5]*** a driving certificate issued by a school or establishment referred to in section 12. 6[(5) Where the applicant does not pass the test; he may be permitted to re-appear for the test after a period of seven days: 1. The Provisos ins. by Act 32 of 2019, s. 4 (1-4-2021). 2. Subs. by s. 5, ibid., for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 3. Subs. by Act 54 of 1994, s. 7, for sub-section (3) (w.e.f. 14-11-1994). 4. Subs. by Act 32 of 2019, s. 5, for the second proviso (w.e.f. 1-9-2019). 5. The words “such minimum educational qualification as may be prescribed by the Central Government and” omitted by s. 5, _ibid (w.e.f. 1-9-2019)._ 6. Subs. by Act 54 of 1994, s. 7, for sub-section (5) (w.e.f. 14-11-1994). 14 ----- Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test [1][and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12].] (6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear. (7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence: Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. (8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he— (a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority. (9) Any driving licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, bedeemed to be effective for driving a motor cycle with or without gear. 2[(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.] **10. Form and contents of licences to drive.—(1) Every learner’s licence and driving licence, except** a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner’s licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:— (a) motor cycle without gear; (b) motor cycle with gear; (c) [3][adapted vehicle]; (d) light motor vehicle; 4[(e) transport vehicle;] (i) road-roller; (j) motor vehicle of a specified description. 1. Ins. by Act 32 of 2019, s. 5, (w.e.f. 1-4-2021). 2. Ins. by Act 3 of 2015, s. 4 (w.e.f. 7-1-2015). 3. Subs. by Act 32 of 2019, s. 6, for “invalid carriage” (w.e.f. 1-9-2019). 4. Subs. by Act 54 of 1994, s. 8, for cls. (e) to (h) (w.e.f. 14-11-1994). 15 ----- **11. Additions to driving licence.—(1) Any person holding a driving licence to drive any class or** description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to [1][any licensing authority in the State] in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence. (2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence. 2[Provided that the licensing authority may, before issuing the license verify the identity of the applicant in such manner as may be prescribed by the Central Government.] **12. Licensing and regulation of schools or establishments for imparting instruction in driving of** **motor vehicles.—(1) The Central Government may make rules for the purpose of licensing and** regulating, by the State Governments, schools or establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith. (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) licensing of such schools or establishments including grant, renewal and revocation of such licences; (b) supervision of such schools or establishments; (c) the form of application and the form of licence and the particulars to be contained therein; (d) fee to be paid with the application for such licences; (e) conditions subject to which such licences may be granted; (f) appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences; (g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles; (h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle; (i) apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting such instruction; (j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein; (k) qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess; (l) inspection of such schools and establishments (including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction); (m) maintenance of records by such schools or establishments; (n) financial stability of such schools or establishments; (o) the driving certificates, if any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purposes of issuing such certificates; (p) such other matters as may be necessary to carry out the purposes of this section. (3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be 1. Subs. by Act 32 of 2019, s. 7, for “the licensing authority having jurisdiction in the area” (w.e.f. 1-9-2019). 2. Ins. by s. 7, ibid., (w.e.f. 1-4-2021). 16 ----- specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. (4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act whether under a licence or not, may continue to impart such instruction without a licence issued under this Act for a period of one month from such commencement, and if it has made an application for such licence under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority. 1[(5) Notwithstanding anything contained in any other provision, where any school or establishment has been accredited by a body notified by the Central Government under any other law for the time being in force, any person who has successfully completed a training module at such school or establishment covering a particular type of motor vehicle shall be eligible to obtain a driving licence for such type of motor vehicle. (6) The curriculum of the training module referred to in sub-section (5) and the remedial driver training course referred to in sub-section (5) of section 9 shall be such as may be prescribed by the Central Government and that Government may make rules for the regulation of such schools or establishments.] **13. Extent of effectiveness of licences, to drive motor vehicles.—A learner’s licence or a driving** licence issued under this Act shall be effective throughout India. **14. Currency of licences to drive motor vehicles.—(1) A learner’s licence issued under this Act** shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence. (2) A driving licence issued or renewed under this Act shall,— (a) in the case of a licence to drive a transport vehicle, be effective for a period of [2][five years]: 3*** 4[Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of [5][three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and];] 6[(b) in the case of any other licence, subject to such conditions as the Central Government may prescribe, if the person obtaining the licence, either originally or on renewal thereof,— (i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or (ii) has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal; or (iii) has attained the age of fifty years but has not attained the age of fifty-five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years; or (iv) has attained the age of fifty-five years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal.] 7* - - - **15. Renewal of driving licences.—(1) Any licensing authority may, on application made to it, renew** a driving licence issued under the provisions of this Act with effect from the date of its expiry: 1. Ins. by Act 32 of 2019, s. 8 (w.e.f. 1-7-2021). 2. Subs. by s. 9, ibid., for “three years” (w.e.f. 1-9-2019). 3. The word “and” omitted by Act 54 of 1994, s. 9 (w.e.f. 14-11-1994). 4. Ins. by s. 9, ibid. (w.e.f. 14-11-1994). 5. Subs. by Act 32 of 2019, s. 9, for certain words (w.e.f. 1-9-2019). 6. Subs. by s. 9, ibid., for cl. (b) (w.e.f. 1-9-2019). 7. The proviso omitted by s. 9, ibid. (w.e.f. 1-9-2019). 17 ----- Provided that in any case where the application for the renewal of a licence is made [1][either one year prior to date of its expiry or within one year] after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learner’s licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the Central Government. (3) Where an application for the renewal of a driving licence is made previous to, or not more than 2[one year] after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than [1][one year] after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than [3][one year after the driving licence has ceased to be effective, the licensing authority shall] refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence. **16. Revocation of driving licence on grounds of disease or disability.—Notwithstanding anything** contained in the foregoing sections, any licensing authority may at any time revoke a driving licence or may require, as a condition of continuing to hold such driving licence, the holder thereof to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, if the licensing authority has reasonable grounds to belive that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence. **17. Orders refusing or revoking driving licences and appeals therefrom—(1) Where a licensing** authority refuses to issue any learner’s licence or to issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 1. Subs. by Act 32 of 2019, s. 10, for “more than thirty days” (w.e.f. 1-9-2019). 2. Subs. by s. 10, ibid., for “thirty days” (w.e.f. 1-9-2019). 3. Subs. by s. 10, ibid., for “five years after the driving licence has ceased to be effective, the licensing authority may” (w.e.f. 19-2019). 18 ----- **18. Driving licences to drive motor vehicles, belonging to the Central Government.—(1) Such** authority as may be prescribed by the Central Government may issue driving licence valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise. (2) A driving licence issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in sub-section (1). (4) The authority issuing any driving licence under this section shall, at the request of any State Government, furnish such information respecting any person to whom a driving licence is issued as that Government may at any time require. **19. Power of licensing authority to disqualify from holding a driving licence or revoke such** **licence.—(1) If a licensing authority is satisfied, after giving the holder of a driving licence an** opportunity of being heard, that he— (a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is using or has used a motor vehicle in the commission of a cognizable offence; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or (h) being a person under the age of eighteen years who has been granted a learner’s licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order— (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or (ii) revoke any such licence. 1[(1A) Where a licence has been forwarded to the licensing authority under sub-section (4) of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence— (a) for a first offence, for a period of three months; (b) for a second or subsequent offence, with revocation of the driving licence of such person: Provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the Central Government.] 1. Ins. by Act 32 of 2019, s. 11 (w.e.f. 1-4-2021). 19 ----- (2) Where an order under sub-section (1) [1][or sub-section (1A)] is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,— (a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or (b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or (c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence: 2[Provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course.] 3[(2A) The licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the Central Government. (2B) The nature, syllabus and duration of the driver refresher training course shall be such as may be prescribed by the Central Government.] (3) Any person aggrieved by an order made by a licensing authority under sub-section (1) [1][or sub section (1A)] may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final. **20. Power of Court to disqualify.—(1) Where a person is convicted of an offence under this Act or** of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence: Provided that in respect of an offence punishable under section 183 no such order shall be made for the first or second offence. (2) Where a person is convicted of an offence under clause (c) of sub-section (1) of section 132, section 134 or section 185, the Court convicting any person of any such offence shall order the disqualification under sub-section (1), and if the offence is relatable to clause (c) of sub-section(1) of section 132 or section 134, such disqualification shall be for a period of not less than one month, and if the offence is relatable to section 185, such disqualification shall be for a period of not less than six months. (3) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of a person— (a) who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section, (b) who is convicted of an offence punishable under section 189, or (c) who is convicted of an offence punishable under section 192: Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year. 1. Ins. by Act 32 of 2019, s. 11, (w.e.f. 1-4-2021). 2. The Proviso subs. by s. 11, ibid, (w.e.f. 1-4-2021). 3. Ins. by s. 11, ibid., (w.e.f. 1-4-2021). 20 ----- (4) A Court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority. (5) The Court to which an appeal would ordinarily lie from any conviction of an offence of the nature specified in sub-section (1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made. **21. Suspension of driving licence in certain cases.—(1) Where, in relation to a person who had** been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended— (a) for a period of six months from the date on which the case is registered, or (b) if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be. (2) Where by virtue of the provisions of sub-section (1), the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and thereupon, such Court shall take possession of the driving licence, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the licence was granted or last renewed. (3) Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving licence with regard to the suspension thereof. (4) If a driving licence in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force. **22. Suspension or cancellation of driving licence on conviction.—(1) Without prejudice to the** provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person in so far as it relates to that class or description of motor vehicle. (2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving licence held by such person. (3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return: Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8. 21 ----- (4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force. **23. Effect of disqualification order.—(1) A person in respect of whom any disqualification order is** made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period. (2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs. (3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order: Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal. **24. Endorsement.—(1) The Court or authority making an order of disqualification shall endorse or** cause to be endorsed upon the driving licence if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) of section 23 shall be similarly so endorsed. (2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted. (3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court bring with him his driving licence if it is in his possession. (4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period exceeding three months the Court awarding the sentence shall endorse the fact of such sentence upon the driving licence of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licence was granted or last renewed. (5) When the driving licence is endorsed or caused to be endorsed by any Court, such Court shall send the particulars of the endorsement to the licensing authority by which the driving licence was granted or last renewed. (6) Where on an appeal against any conviction or order of a Court, which has been endorsed on a driving licence, the appellate court varies or sets aside the conviction or order, the appellate court shall inform the licensing authority by which the driving licence was granted or last renewed and such authority shall amend or cause to be amended the endorsement. **25. Transfer of endorsement and issue of driving licence free from endorsement.—(1) An** endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement. 22 ----- (2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by which the endorsement is to be made, then— (a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix; or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority, and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement. (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of five rupees, to receive a new driving licence free from all endorsements: Provided that if the endorsement is only in respect of an offence contravening the speed limits referred to in section 112, such person shall be entitled to receive a new driving licence free from such endorsements on the expiration of one year of the date of the endorsement: Provided further that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. **1[25A. National Register of Driving Licences.—(1) The Central Government shall maintain a** National Register of Driving Licences in such form and manner as may be prescribed. (2) All State Registers of Driving Licences shall be subsumed under the National Register of Driving Licences by a date to be notified by the Central Government. (3) No driving licence issued, or renewed, under this Act shall be valid unless it has been issued a unique driving licence number under the National Register of Driving Licences. (4) All State Governments and licensing authorities under this Act shall transmit all information including contained data in the State Register of Driving Licences in such form and manner as may be prescribed by the Central Government. (5) The State Governments shall be entitled to access the National Register and update their records in such manner as may be prescribed by the Central Government.] 2[26. Maintenance of State Registers of Driving Licences.— Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing particulars, including— (a) names and addresses of holders of driving licences; (b) licence numbers; (c) dates of issue or renewal of licences; (d) dates of expiry of licences; (e) classes and types of vehicles authorised to be driven; and (f) such other particulars as the Central Government may prescribe.] 1. Ins. by Act 32 of 2019, s. 12 (w.e.f. 1-4-2021). 2. Subs. by s. 13, ibid., for the section 26 (w.e.f. 1-4-2021). 23 ----- (2) Each State Government shall supply to the Central Government a [1][printed copy or copy in such other form as the Central Government may require] of the State Register of Driving Licences and shall inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Driving Licences shall be maintained in such manner as may be prescribed by the State Government. **27. Power of Central Government to make rules.—The Central Government may make rules—** 2[(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;] 3[(aa)] regarding conditions referred to in sub-section (2) of section 3; (b) providing for the form in which the application for learner’s licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 8; (c) providing for the form of medical certificate referred to in sub-section (3) of section 8; (d) providing for the particulars for the test referred to in sub-section (5) of section 8; 4[(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8; (db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;] (e) providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9; (f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9; 2[(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of section 9;] (g) specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons; (h) providing for the form and contents of the licences referred to in sub-section (1) of section 10; (i) providing for the form and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged; (j) providing for the conditions subject to which section 9 shall apply to an application made under section 11; 4[(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12; (jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14; 1. Subs. by Act 54 of 1994, s. 10, for “printed copy” (w.e.f. 14-11-1994). 2. Ins. by Act 3 of 2015, s. 5 (w.e.f. 7-1-2015). 3. Clause (a) renumbered as clause (aa) thereof by s. 5, ibid. (w.e.f. 7-1-2015). 4. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019). 24 ----- (jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;] (k) providing for the form and contents of the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15; (l) providing for the authority to grant licences under sub-section (1) of section 18; (m) specifying the fees payable under sub-section (2) of section 8, sub-section (2) of section 9 and sub-sections (3) and (4) of section 15 for the grant of learner’s licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles; (n) specifying the acts for the purposes of clause (f) of sub-section (1) of section 19; 1[(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19; (nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;] (o) specifying the offences under this Act for the purposes of sub-section (2) of section 24; 1[(oa) all or any of the matters referred to in section 25A;] (p) to provide for all or any of the matters referred to in [2]*** section 26; (q) any other matter which is, or has to be, prescribed by the Central Government. **28. Power of State Government to make rules.—(1) A State Government may make rules for the** purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities; (b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges; (e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter; (g) the communication of particulars of licences granted by one licensing authority to other licensing authorities; (h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued; (i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder; 3* - - (k) any other matter which is to be, or may be, prescribed. 1. Ins. by Act 32 of 2019, s. 14 (w.e.f. 1-9-2019). 2. The words, brackets and figure “sub-section (1) of” omitted by s. 14, ibid. (w.e.f. 1-9-2019). 3. Clause (j) omitted by s. 15 (w.e.f. 1-4-2021). 25 ----- CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES **29. Necessity for conductor’s licence.—(1) No person shall act as a conductor of a stage carriage** unless he holds an effective conductor’s licence issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. (2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month. **30. Grant of conductor’s licence.—(1) Any person who possesses such minimum educational** qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) of section 31 and who is not for the time being disqualified for holding or obtaining a conductor’s licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductor’s licence. (2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed. (3) Every application for a conductor’s licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph of the applicant. (4) A conductor’s licence issued under this Chapter shall be in such form and contain such particulars as may be prescribed and shall be effective throughout the State in which it is issued. (5) The fee for a conductor’s licence and for each renewal thereof shall be one-half of that for a driving licence. **31. Disqualifications for the grant of conductor’s licence.—(1) No person under the age of** eighteen years shall hold, or be granted, a conductor’s licence. (2) The licensing authority may refuse to issue a conductor’s licence— (a) if the applicant does not possess the minimum educational qualification; (b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and (c) if any previous conductor’s licence held by the applicant was revoked. **32. Revocation of a conductor’s licence on grounds of disease or disability.—A conductor’s** licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductor’s licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence: Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. **33. Orders refusing, etc., conductor’s licences and appeals therefrom.—(1) Where a licensing** authority refuses to issue or renew, or revokes any conductor’s licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. 26 ----- **34. Power of licensing authority to disqualify.—(1) If any licensing authority is of opinion that it is** necessary to disqualify the holder of a conductor’s licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor’s licence: Provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. (2) Upon the issue of any such order, the holder of the conductor’s licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed. (3) Where the authority disqualifying the holder of a conductor’s licence under this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the authority which issued the same. (4) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order. **35. Power of Court to disqualify.—(1) Where any person holding a conductor’s licence is convicted** of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor’s licence. (2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made. **36. Certain provisions of Chapter II to apply to conductor’s licence.—The provisions of** sub-section (2) of section 6, sections 14, 15 and 23, sub-section (1) of section 24 and section 25 shall, so far as may be, apply in relation to a conductor’s licence, as they apply in relation to a driving licence. **37. Savings.—If any licence to act as a conductor of a stage carriage (by whatever name called) has** been issued in any State and is effective immediately before the commencement of this Act, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence issued under this Chapter as if this Chapter had been in force on the date on which that licence was granted. **38. Power of State Government to make rules.—(1) A State Government may make rules for the** purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter; (b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29; (c) the minimum educational qualifications of conductors; their duties and functions and the conduct of persons to whom conductor’s licences are issued; (d) the form of application for conductor’s licences or for renewal of such licences and the particulars it may contain; (e) the form in which conductor’s licences may be issued or renewed and the particulars it may contain; 27 ----- (f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges; (i) the grant of the certificates referred to in sub-section (3) of section 30 by registered medical practitioners and the form of such certificates; (j) the conditions subject to which, and the extent to which, a conductor’s licence issued in another State shall be effective in the State; (k) the communication of particulars of conductor’s licences from one authority to other authorities; and (l) any other matter which is to be, or may be, prescribed. CHAPTER IV REGISTRATION OF MOTOR VEHICLES **39. Necessity for registration.—No person shall drive any motor vehicle and no owner of a motor** vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner: Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. **40. Registration, where to be made.—Subject to the provisions of section 42, section 43 and section** 60, every owner of a motor vehicle shall cause the vehicle to be registered by [1][any registering authority in the State] in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. **41. Registration, how to be made.—(1) An application by or on behalf of the owner of a motor** vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government: Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 2[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue [3][a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. 1. Subs. by Act 32 of 2019, s. 16, for “a registering authority” (w.e.f. 1-9-2019). 2. Ins. by s. 17, ibid. (w.e.f. 1-4-2021). 3. Subs. by s. 17, ibid., for “to the owner of a motor vehicle registered by it a certificate of registration” (w.e.f. 1-9-2019). 28 ----- (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 1[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, [2]***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate [1][or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, [2]***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration [3][for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 1[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 4* - - - (14) An application for the issue of a duplicate certificate of registration shall be made to the [5][last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. **STATE AMENDMENT** Rajasthan **Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988** (Central Act 59 of 1988), (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely: “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and 1. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-4-2021). 2. The words “other than a transport vehicle” omitted by s. 17, ibid., (w.e.f. 1-4-2021). 3. Subs. by s. 17, ibid., for “for a period of five years” (w.e.f. 1-4-2021). 4. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 5. Subs. by Act 54 of 1994, s. 11, for “original registering authority” (w.e.f. 14-11-1994). 29 ----- (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2] **42. Special provision for registration of motor vehicles of diplomatic officers, etc.—(1) Where an** application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then, notwithstanding anything contained in sub-section (3) or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this Act. (2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 39 and 40 shall thereupon apply. (3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the certificates of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration marks to be assigned to such vehicles. (4) For the purposes of this section, “diplomatic officer” or “consular officer” means any person who is recognised as such by the Central Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final. 1[43. Temporary registration.— Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the Central Government: Provided that the State Government may register a motor vehicle that plies, temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government.] 2[44. Production of vehicle at the time of registration.— (1) Subject to such terms and conditions as may be prescribed by the Central Government in this behalf, a motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time. (2) Subject to such terms and conditions as may be prescribed by the State Government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority.] **45. Refusal of registration or renewal of the certificate of registration.—The registering authority** may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case, the registering authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate or registration thereof and the registering authority shall furnish the applicant whose vehicle is refused registration, or whose 1. Subs. by Act 32 of 2019, s. 18, for section 43 (w.e.f. 1-4-2021). 2. Subs. by, s. 19, ibid., for section 44 (w.e.f. 1-4-2021). 30 ----- application for renewal of the certificate of registration is refused, a copy of such order, together with the reasons for such refusal. **46. Effectiveness in India of registration.—Subject to the provisions of section 47, a motor vehicle** registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout India. **47. Assignment of new registration mark on removal to another State.—(1) When a motor** vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority: Provided that an application under this sub-section shall be accompanied— (i) by the no objection certificate obtained under section 48, or (ii) in a case where no such certificate has been obtained, by— (a) the receipt obtained under sub-section (2) of section 48; or (b) the postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted: Provided further that, in a case where a motor vehicle is held under a hire-purchase, lease or hypothecation agreement, an application under this sub-section shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply. (2) The registering authority, to which application is made under sub-section (1), shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records. (3) Where a motor vehicle is held under a hire-purchase or lease or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration mark under sub-section (2), inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hire-purchase or lease or hypothecation agreement (by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration the fact of assignment of the said registration mark). (4) A State Government may make rules under section 65 requiring the owner of a motor vehicle not registered within the State, which is brought into or is for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed. (5) If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7): 31 ----- Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount. (6) Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177. (7) For the purposes of sub-section (5), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1). **48. No objection certificate.—(1) The owner of a motor vehicle when applying for the assignment of a** new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its registration, the transferor of such vehicle when reporting the transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle was registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration. (2) The registering authority shall, on receipt of an application under sub-section (1), issue a receipt in such form as may be prescribed by the Central Government. (3) On receipt of an application under sub-section (1), the registering authority may, after making such inquiry and requiring the applicant to comply with such directions as it deems fit and within thirty days of the receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to grant the no objection certificate: Provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant. (4) Where within a period of thirty days referred to in sub-section (3), the registering authority does not refuse to grant the no objection certificate or does not communicate the refusal to the applicant, the registering authority shall be deemed to have granted the no objection certificate. (5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the police that no case relating to the theft of the motor vehicle concerned has been reported or is pending, verify whether all the amounts due to Government including road tax in respect of that motor vehicle have been paid and take into account such other factors as may be prescribed by the Central Government. 1[(6) The owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing of any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate.] **49. Change of residence or place of business.—(1) If the owner of a motor vehicle ceases to reside or** have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another [2][State, to any registering authority in that State], and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein. 3[(1A) The intimation under sub-section (1) may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the Central Government.] (2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding 4[five hundred rupees] as may be prescribed under sub-section (4): 1. Ins. by Act 54 of 1994, s. 13 (w.e.f. 14-11-1994). 2. Subs. by Act 32 of 2019, s. 20, for “registering authority, to that other registering authority” (w.e.f. 1-9-2019). 3. Ins. by s. 20, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 20, ibid., for “one hundred rupees” (w.e.f. 1-9-2019). 32 ----- Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount. (3) Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177. (4) For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address. (5) On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration. (6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. (7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration. **50. Transfer of ownership.—(1) Where the ownership of any motor vehicle registered under this** Chapter is transferred,— (a) the transferor shall,— (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and (ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)— (A) the no objection certificate obtained under section 48; or (B) in a case where no such certificate has been obtained,— (I) the receipt obtained under sub-section (2) of section 48; or (II) the postal acknowledgement received by the transferred if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted; (b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration. (2) Where— (a) the person in whose name a motor vehicle stands registered dies, or (b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government. 33 ----- (3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) hereafter in this section referred to as the other person fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. (4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177. (5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2). (6) On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. (7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority. **51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.—(1)** Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or hypothecation agreement (hereafter in this section referred to as the said agreement) is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement. (2) Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the [1][last registering authority] shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration [2][and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the [1][last registering authority] on proof of the termination of the said agreement by the parties concerned on an application being made in such form as the Central Government may prescribe[2][and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (4) No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement. (5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle[3][from the registered owner] owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and 1. Subs. by Act 54 of 1994, s. 14, for “original registering authority” (w.e.f. 14-11-1994). 2. Added by s. 14, ibid. (w.e.f. 14-11-1994). 3. Ins. by s. 14, ibid. (w.e.f. 14-11-1994). 34 ----- issuea fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement: Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee: Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force. (6) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark [1][under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate). _Explanation.—For the purposes of this sub-section and sub-sections (8) and (9), “appropriate_ authority”, in relation to any permit, means the authority which is authorised by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark. (7) Within seven days of the receipt of an application under sub-section (6), the financier may issue, or refuse, for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for, and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier. (8) The registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under sub-section (14) of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has been obtained, the communication received from the financier under that sub-section, or, as the case may be, a declaration that he has not received any communication from the financier within the period of seven days specified in that sub-section. (9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this Act,— (a) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either— (i) renew or refuse to renew the permit, or (ii) issue or refuse to issue the duplicate certificate of registration, or (iii) assign or refuse to assign a new registration mark; (b) in any other case,— (i) renew the permit, or (ii) issue duplicate certificate of registration, or (iii) assign a new registration mark. (10) A registering authority making an entry in the certificate of registration regarding— (a) hire-purchase lease or hypothecation agreement of a motor vehicle, or 1. Subs. by Act 54 of 1994, s. 14, for “under section 47, make an application” (w.e.f. 14-11-1994). 35 ----- (b) the cancellation under sub-section (3) of an entry, or (c) recording transfer of ownership of motor vehicle, or (d) any alteration in a motor vehicle, or (e) suspension or cancellation of registration of a motor vehicle, or (f) change of address, shall communicate [1][by registered post acknowledgment due] to the financier that such entry has been made. 2[(11) A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction. (12) The registering authority where it is not the original registering authority, when making entry under sub-section (1) or sub-section (2),or cancelling the said entry under sub-section (3) or issuing the fresh certificate of registration under sub-section (5) shall communicate the same to the original registering authority.] 3[52. Alteration in motor vehicle.— (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer: Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: 4[Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such alteration or retrofitment.] Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose. 5[(1A) A manufacturer of a motor vehicle shall on the direction issued by the Central Government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the Central Government.] 6[(2) Notwithstanding anything contained in sub-section (1), any person may, with the subsequent approval of the registering authority, alter or cause to be altered any vehicle owned by him to be converted into an adapted vehicle: Provided that such alteration complies with such conditions as may be prescribed by the Central Government.] (3) Where any alteration has been made in motor vehicle without the approval of registering authority [7]***, the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the 1. Ins. by Act 54 of 1994, s.14 (w.e.f. 14-11-1994). 2. Subs. by s.14, ibid., for sub-section (11) (w.e.f. 14-11-1994). 3. Subs. by Act 27 of 2000, s. 2, for section 52 (w.e.f. 11-8-2000). 4. The Proviso subs. by Act 32 of 2019, s. 21, (w.e.f. 1-4-2021). 5. Ins. by s. 21, ibid. (w.e.f. 1-9-2019). 6. Subs. by s. 21, ibid., for sub-section (2) (w.e.f. 1-4-2021). 7. The words “or by reason of replacement of its engine without such approval under sub-section (2)” omitted by s. 21, ibid., (w.e.f. 1-4-2021). 36 ----- certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein. (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner. _Explanation.—For the purposes of this section, “alteration” means a change in the structure of a_ vehicle which results in a change in its basic feature.] **53. Suspension of registration.—(1) If any registering authority or other prescribed authority has** reason to believe that any motor vehicle within its jurisdiction— (a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or (b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle— (i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and (ii) in any case falling under clause (b), for a period not exceeding four months. (2) An authority other than a registering authority shall, when making a suspension order under sub-section (1),intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. (3) Where the registeration of a motor vehicle has been suspended under sub-section (1), for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration. (5) A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescinded and not before. **54. Cancellation of registration suspended under section 53.—Where the suspension of** registration of a vehicle under section 53 has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the registration, and if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel the registration. **55. Cancellation of registration.—(1) If a motor vehicle has been destroyed or has been rendered** permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to that authority the certificate of registration of the vehicle. (2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration. 37 ----- (3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the State Government may by order appoint and, if, upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration. (4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration. (5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), and for reasons to be recorded in writing, cancel the registration. 1[(5A) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199A, the authority may, after giving the owner an opportunity of making a representation in writing, cancel the certificate of registration of the vehicle for a period of one year: Provided that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41.] (6) A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle. (7) A registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. (8) The expression “original registering authority” in this section and in sections 41, 49, 50, 51, 52, 53 and 54 means the registering authority in whose records the registration of the vehicle is recorded. (9) In this section, “certificate of registration” includes a certificate of registration renewed under the provisions of this Act. **56. Certificate of fitness of transport vehicles.—(1) Subject to the provisions of sections 59 and 60,** a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder: Provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. 2[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.] 3[(2) The “authorised testing station” referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.] (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act. 1. Ins. by Act 32 of 2019, s. 22 (w.e.f. 1-9-2019). 2. Ins. by, s. 23, ibid. (w.e.f. 1-4-2021). 3. Subs. by s. 23, ibid., for “sub-section (2)” (w.e.f. 1-4-2021). 38 ----- (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained: 1[Provided that no such cancellation shall be made by the prescribed authority unless, — (a) such prescribed authority holds such technical qualification as may be prescribed by the Central Government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification; and (b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled: Provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority.] (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India. 2[(6) All transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. (7) Subject to such conditions as the Central Government may prescribe, the provisions of this section may be extended to non-transport vehicles.] **57. Appeals.—[3][(1) Any person aggrieved by an order of the registering authority under section** 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.] (2) The appellate authority shall give notice of the appeal to the original authority and after giving an opportunity to the original authority and the appellant to be heard in the appeal pass such orders as it thinks fit. **58. Special provisions in regard to transport vehicles.—(1) The Central Government may, having** regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, (other than a motor cab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the [4][maximum gross vehicle weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle. (2) A registering authority, when registering a transport vehicle, other than a motor cab shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:— (a) the unladen weight of the vehicle; (b) the number, nature and size of the tyres attached to each wheel; (c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle. 1. The proviso subs. by Act 32 of 2019, s. 23, (w.e.f. 1-4-2021). 2. Ins. by s. 23, ibid., (w.e.f. 1-4-2021). 3. Subs. by Act 54 of 1994, s.17, for sub-section (1) (w.e.f. 14-11-1994). 4. Subs. by s. 18, ibid., for “maximum safe laden weight” (w.e.f. 14-11-1994). 39 ----- (3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub-section (1) in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels: Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. 1* - - - (5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub-section (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority. **59. Power to fix the age limit of motor vehicle.—(1) The Central Government may, having regard** to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder: Provided that the Central Government may specify different ages for different classes or different types of motor vehicles. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section (1) for the purpose to be stated in the notification. (3) Notwithstanding anything contained in section 56, no prescribed authority or authorised testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-section (1). 2[(4) The Central Government may, having regard to the public safety, convenience, protection of the environment and the objects of this Act, make rules prescribing the manner of recycling of motor vehicles and parts thereof which have exceeded their life.] **60. Registration of vehicles belonging to the Central Government.—(1) Such authority as the** Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government, require to be registered otherwise under this Act. (2) The authority registering a vehicle under sub-section (1) shall assign a registration mark in accordance with the provisions contained in the rules made in this behalf by the Central Government and shall issue a certificate in respect of that vehicle to the effect that such vehicle complies for the time being with all the requirements of this Act and the rules made thereunder and that the vehicle has been registered under this section. (3) A vehicle registered under this section shall carry the certificate issued under sub-section (2). (4) If a vehicle registered under this section ceases to be the property or under the exclusive control of the Central Government, the provisions of sections 39 and 40 shall thereupon apply. 1. Sub-section (4) omitted by Act 27 of 2000, s. 3 (w.e.f. 11-8-2000). 2. Ins. by Act 32 of 2019, s. 24 (w.e.f. 1-9-2019). 40 ----- (5) The authority registering a vehicle under sub-section (1) shall furnish to any State Government all such information regarding the general nature, overall dimensions and axle weights of the vehicle as the State Government may at any time require. **61. Application of Chapter to trailers.—(1) The provisions of this Chapter shall apply to the** registration of trailers as they apply to the registration of any other motor vehicle. (2) The registration mark assigned to a trailer shall be displayed in such manner on the side of the drawing vehicle, as may be prescribed by the Central Government. (3) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed on the trailer or on the last trailer in the train, as the case may be, in such manner as may be prescribed by the Central Government. **62. Information regarding stolen and recovered motor vehicles to be furnished by the police to** **the State Transport Authority.—The State Government may, if it thinks necessary or expedient so to do** in the public interest, direct the submission by the Inspector General of Police (by whatever designation called) and such other police officers as the State Government may specify in this behalf, of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which such returns shall be made. **1[62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles.—(1)** No registering authority shall register any motor vehicle that contravenes any rule made under clause (a) of sub-section (1) of section 110. (2) No prescribed authority or authorised testing station shall issue a certificate of fitness under section 56 to any motor vehicle that contravenes any rule made under section 110.] **62B. National Register of Motor Vehicles. —(1) The Central Government shall maintain a National** Register of Motor Vehicles in such form and manner as may be prescribed by it: Provided that all State Registers of Motor Vehicles shall be subsumed under the National Register of Motor Vehicles by such date as may be notified in the Official Gazette by the Central Government. (2) No certificate of registration issued, or renewed, under this Act shall be valid unless it has been issued a unique registration number under the National Register of Motor Vehicles (3) In order to maintain the National Register of Motor Vehicles, all State Governments and registering authorities under this Act shall transmit all information and data in the State Register of Motor Vehicles to the Central Government in such form and manner as may be prescribed by the Central Government. (4) State Governments shall be able to access the National Register of Motor Vehicles and update records in accordance with the provisions of this Act and the rules made by the Central Government thereunder.] 2[63. Maintenance of State Registers of Motor Vehicles.— (1) Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicles, in respect of the motor vehicles in that State, containing the particulars including— (a) registration numbers; (b) years of manufacture; (c) classes and types; (d) names and addresses of registered owners; and (e) such other particulars as may be prescribed by the Central Government.] 1. Ins. by Act 32 of 2019, s. 25 (w.e.f. 1-4-2021). 2. Subs. by s. 26, ibid., for section 63 (w.e.f. 1-4-2021). 41 ----- (2) Each State Government shall supply to the Central Government [1][if so desired by it] a printed copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in such register made from time to time. (3) The State Register of Motor Vehicles shall be maintained in such manner as may be prescribed by the State Government. **64. Power of Central Government to make rules.—The Central Government may make rules to** provide for all or any of the following matters, namely:— (a) the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under sub-section (1) of section 41; (b) the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-section (3) of section 41; (c) the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-section (5) of section 41; (d) the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in sub-section (6) of section 41 shall be displayed and shown; 2[(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;] (e) the period within which and the form in which the application shall be made and the particulars and information it shall contain under sub-section (8) of section 41; 2[(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;] (f) the form in which the application referred to in sub-section (14) of section 41 shall be made, the particulars and information it shall contain and the fee to be charged; 2[(fa) the issue of temporary certificate of registration and temporary registration mark under section 43; (fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;] (g) the form in which the period within which the application referred to in sub-section (1) of section 47 shall be made and the particulars it shall contain; (h) the form in which and the manner in which the application for “No Objection Certificate” shall be made under sub-section (1) of section 48 and the form of receipt to be issued under sub-section (2) of section 48; (i) the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48; (j) the form in which the intimation of change of address shall be made under sub-section (1) of section 49 and the documents to be submitted along with the application; 3[(ja) the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under sub-section (1A) of section 49;] (k) the form in which and the manner in which the intimation of transfer of ownership shall be made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to be submitted along with the application; 1. Ins. by Act 54 of 1994, s. 19 (w.e.f. 14-11-1994). 2. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). 3. Ins. by, s. 27, ibid. (w.e.f. 1-9-2019). 42 ----- (l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall be made; 1[(la) specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under sub-section (1) of section 52; (lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under sub-section (2) of section 52;] (m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56 and the particulars and information it shall contain; (n) the period for which the certificate of fitness granted or renewed under section 56 shall be effective; 1[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section (6) of section 56; (nb) the conditions under which the application of section 56 may be extended to non-transport vehicles under sub-section (7) of section 56; (nc) the recycling of motor vehicles and parts thereof which have exceeded their life under sub-section (4) of section 59;] (o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 1[(oa) all or any of the matters under sub-section (1) of section 62B; (ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;] (p) any other matter which is to be, or may be, prescribed by the Central Government. **65. Power of State Government to make rules.—(1) A State Government may make rules for the** purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 64. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the conduct and hearing of appeals that may be preferred under this Chapter (the fees to be paid in respect of such appeals and the refund of such fees); (b) the appointment, functions and jurisdiction of registering and other prescribed authorities; (c) the exemption of road-rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads from all or any of the provisions of this Chapter and the rules made thereunder and the conditions governing such exemption; (d) the issue or renewal of certificates of registration and fitness and duplicates of such certificates to replace the certificates lost, destroyed or mutilated; (e) the production of certificates of registration before the registering authority for the revision of entries therein of particulars relating to the gross vehicle weight; (f) the temporary registration of motor vehicles, and the issue of temporary certificate of registration and marks [2][under the proviso to section 43]; (g) the manner in which the particulars referred to in sub-section (2) of section 58 and other prescribed particulars shall be exhibited; 1. Ins. by Act 32 of 2019, s. 27 (w.e.f. 1-9-2019). 2. Ins. by s. 28, ibid. (w.e.f. 1-9-2019). 43 ----- (h) the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; (i) the forms, other than those prescribed by the Central Government, to be used for the purpose of this Chapter; (j) the communication between registering authorities of particulars of certificates of registration and by owners of vehicles registered outside the State of particulars of such vehicles and of their registration; (k) the amount or amounts under sub-section (13) of section 41 or sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5) of section 50; (l) the extension of the validity of certificates of fitness pending consideration of applications for their renewal; (m) the exemption from the provisions of this Chapter, and the conditions and fees for exemption, of motor vehicles in the possession of dealers; (n) the form in which and the period within which the return under section 62 shall be sent; 1* - - - (p) any other matter which is to be or may be prescribed. CHAPTER V CONTROL OF TRANSPORT VEHICLES **66. Necessity for permits.—(1) No owner of a motor vehicle shall use or permit the use of the** vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used: Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not: Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle for the carriage of goods for or in connection with a trade or business carried on by him. 2[Provided also that where a transport vehicle has been issued any permit or permits, as well as a licence under this Act, such vehicle may be used either under the permit, or permits, so issued to it, or under such licence, at the discretion of the vehicle owner.] (2) The holder of a goods carriage permit may use the vehicle, for the drawing of any public or semi trailer not owned by him, subject to such conditions as may be prescribed. 3[Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailor.] (3) The provisions of sub-section (1) shall not apply— (a) to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise; (b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; 1. Clause (o) omitted by Act 32 of 2019, s. 28 (w.e.f. 1-4-2021). 2. Ins. by s. 29, ibid. (w.e.f. 1-9-2019). 3. Added by Act 54 of 1994, s. 20 (w.e.f. 14-11-1994). 44 ----- (c) to any transport vehicle used solely for police, fire brigade or ambulance purposes; (d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses; (e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety; (f) to any transport vehicle used for any other public purpose as may be prescribed by the State Government in this behalf; (g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf; 1* - - - (i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms; (j) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in that State or in any other State, without carrying any passenger or goods; (k) to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle; 2* - - - (m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination; (n) to any transport vehicle used for such purposes as the Central or State Government may, by order, specify; (o) to any transport vehicle which is subject to a hire-purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its destination; or (p) to any transport vehicle while proceeding empty to any place for purpose of repair. 3[(q) to any transport vehicle having been issued a licence under a scheme, under sub-section (3) of section 67 or sub-section (1) of section 88A, or plying under such orders as may be issued by the Central Government or by the State Government.] (4) Subject to the provisions of sub-section (3), sub-section (1) shall if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver. 4[66A. National Transportation Policy.—The Central Government may develop a National Transportation Policy consistent with the objects of this Act in concurrence with the State Governments and other agencies with a view to— (i) establish a planning framework for passengers and goods transportation within which transport bodies are to operate; 1. Cl. (h) omitted by Act 27 of 2000, s. 4 (w.e.f. 11-8-2000). 2. Cl. (l) omitted by Act 39 of 2001, s. 2 (w.e.f. 27-9-2001). 3. Ins. by Act 32 of 2019, s. 29 (w.e.f. 1-9-2019). 4. Ins. by, s. 30, ibid. (w.e.f. 1-9-2019). 45 ----- (ii) establish a medium and long term planning framework for all forms of road transport, identify areas for the development of transport improvement infrastructure across India in consultation with the authorities and agencies related to ports, railways and aviation as well as with local and State level planning, land holding and regulatory authorities for the delivery of an integrated multimodal transport system; (iii) establish the framework of grant of permits and schemes; (iv) establish strategic policy for transport by road and its role as a link to other means of transport; (v) identify strategic policies and specify priorities for the transport system that address current and future challenges; (vi) provide medium to long term strategic directions, priorities and actions; (vii) promote competition, innovation, increase in capacity, seamless mobility and greater efficiency in transport of goods or livestock or passengers, and economical use of resources; (viii) safeguard the interest of the public and promote equity, while seeking to enhance private participation and public-private partnership in the transport sector; (ix) demonstrate an integrated approach to transport and land use planning; (x) identify the challenges that the National Transportation Policy seeks to address; and (xi) address any other matter deemed relevant by the Central Government. **66B. No bar against permit holders to apply and hold licences under schemes.—No person who** holds the permit issued under this Act shall— (a) be disqualified from applying for a licence under the scheme made under sub-section (3) of section 67 or sub-section (1) of section 88A by reason of holding such permit; and (b) be required to get such permit cancelled on being issued a licence under any scheme made under this Act.] **67. Power to State Government to control road transport.—[1][(1) A State Government, having** regard to— (a) the advantages offered to the public, trade and industry by the development of motor transport; (b) the desirability of co-ordinating road and rail transport; (c) the desirability of preventing the deterioration of the road system, and (d) promoting effective competition among the transport service providers, may, from time to time, by notification in the Official Gazette issue directions both to the State Transport Authority and Regional Transport Authority regarding the passengers’ convenience, economically competitive fares, prevention of overcrowding and road safety.] (2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights shall be inclusive of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage 1. Subs. by Act 32 of 2019 s. 31, for sub-section (1) (w.e.f. 1-9-2019). 46 ----- carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passengers and goods: 1[Provided that the State Government may subject to such conditions as it may deem fit, and with a view to achieving the objectives specified in clause (d) of sub-section (1), relax all or any of the provisions made under this Chapter.] 1[(3) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for the transportation of goods and passengers and issue licences under such scheme for the promotion of development and efficiency in transportation— (a) last mile connectivity; (b) rural transport; (c) reducing traffic congestion; (d) improving urban transport; (e) safety of road users; (f) better utilisation of transportation assets; (g) the enhancement of economic vitality of the area, through competitiveness, productivity and efficiency; (h) the increase in the accessibility and mobility of people; (i) the protection and enhancement of the environment; (j) the promotion of energy conservation; (k) improvement of the quality of life; (l) enhance integration and connectivity of the transportation system, across and between modes of transport; and (m) such other matters as the Central Government may deem fit. (4) The scheme framed under sub-section (3), shall specify the fees to be charged, form of application and grant of a licence including the renewal, suspension, cancellation or modification of such licence.] **68. Transport Authorities.—(1) The State Government shall, by notification in the Official Gazette,** constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority; the powers and functions conferred by or under this Chapter on such Authorities: Provided that in the Union territories, the Administrator may abstain from constituting any Regional Transport Authority. (2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of a State Transport Authority, such other persons (whether officials or not), not being more than four and, in the case of a Regional Transport Authority, such other persons (whether officials or not), not being more than two, as the State Government may think fit to appoint; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue 1. Ins. by Act 32 of 2019, s. 31 (w.e.f. 1-9-2019). 47 ----- to be, a member of a State or Regional Transport Authority, and, if any person being a member of any such Authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate office: Provided that nothing in this sub-section shall prevent any of the members of the State Transport Authority or a Regional Transport Authority, as the case may be, to preside over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not possess judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law: Provided further that the State Government may,— (i) where it considers necessary or expedient so to do, constitute the State Transport Authority or a Regional Transport Authority for any region so as to consist of only one member who shall be an official with judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law; (ii) by rules made in this behalf, provide for the transaction of business of such authorities in the absence of the Chairman or any other member and specify the circumstances under which, and the manner in which, such business could be so transacted: Provided also that nothing in this sub-section shall be construed as debarring an official (other than an official connected directly with the management or operation of a transport undertaking) from being appointed or continuing as a member of any such authority merely by reason of the fact that the Government employing the official has, or acquires, any financial interest in a transport undertaking. (3) The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under section 67 and the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise and discharge throughout the State the following powers and functions, namely:— (a) to co-ordinate and regulate the activities and policies of the Regional Transport Authorities, if any, of the State; (b) to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route common to two or more regions; (c) to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities; and 1[(ca) Government to formulate routes for plying stage carriages;] (d) to discharge such other functions as may be prescribed. (4) For the purpose of exercising and discharging the powers and functions specified in sub-section (3), a State Transport Authority may, subject to such conditions as may be prescribed, issue directions to any Regional Transport Authority, and the Regional Transport Authority shall, in the discharge of its functions under this Act, give effect to and be guided by such directions. (5) The State Transport Authority and any Regional Transport Authority, if authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions, limitations and conditions as may be prescribed by the said rules. **69. General provision as to applications for permits.—(1) Every application for a permit shall be** made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles: Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the 1. Ins. by Act 54 of 1994, s. 22 (w.e.f. 14-11-1994). 48 ----- major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles: Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business. (2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub-section shall be made to the State Transport Authority of the region in which the applicant resides or has his principal place of business. **70. Application for stage carriage permit.—(1) An application for a permit in respect of a stage** carriage (in this Chapter referred to as a stage carriage permit) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely:— (a) the route or routes or the area or areas to which the application relates; (b) the type and seating capacity of each such vehicle; (c) the minimum and maximum number of daily trips proposed to be provided and the time-table of the normal trips. _Explanation.—For the purposes of this section, section 72, section 80 and section 102, “trip”_ means a single journey from one point to another, and every return journey shall be deemed to be a separate trip; (d) the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions; (e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comfort and convenience of passengers and for the storage and safe custody of luggage; (f) such other matters as may be prescribed. (2) An application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed. **71. Procedure of Regional Transport Authority in considering application for stage carriage** **permit.— (1) A Regional Transport Authority shall, while considering an application for a stage carriage** permit, have regard to the objects of this Act: 1* - - - (2) A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened: Provided that before such refusal an opportunity shall be given to the applicant to amend the time table so as to conform to the said provisions. (3) (a) The State Government shall, if so directed by the Central Government having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs. (b) Where the number of stage carriages are fixed under clause (a), the Government of the State shall reserve in the State certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the State. 1. Proviso omitted by Act 54 of 1994, s. 23 (w.e.f. 14-11-1994). 49 ----- (c) Where the number of stage carriages are fixed under clause (a), the Regional Transport Authority shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under sub-clause (b). (d) After reserving such number of permits as is referred to in clause (c), the Regional Transport Authority shall in considering an application have regard to the following matters, namely:— (i) financial stability of the applicant; (ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and (iii) such other matters as may be prescribed by the State Government: Provided that, other conditions being equal, preference shall be given to applications for permits from— (i) State transport undertakings; (ii) co-operative societies registered or deemed to have been registered under any enactment for the time being in force; [1]*** (iii) ex-servicemen; [2][or] 2[(iv) any other class or category of persons, as the State Government may, for reasons to be recorded in writing consider necessary.] 3* - - - _Explanation.—For the purposes of this section “company” means any body corporate, and includes a_ firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm. **STATE AMENDMENT** **Kerala** **Amendment of section 71.—In section 71 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),** (hereinafter referred to as the principal Act), in sub-section (4).— (i) for the words “five” and “ten”, the words “ten” and “fifty” shall, respectively, be substituted; (ii) for the words “any company”, the words “any co-operative society or to any company” shall be substituted. [Vide Kerala Act 12 of 1993, sec. 2.] **72. Grant of stage carriage permits.—(1) Subject to the provisions of section 71, a Regional** Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any route or area not specified in the application. (2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicles shall be used only in a specified area, or on a specified route or routes; (ii) that the operation of the stage carriage shall be commenced with effect from a specified date; (iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions; (iv) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area; (v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify; (vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points; 1. The word “or” omitted by Act 54 of 1994, s. 23 (w.e.f. 14-11-1994). 2. Ins. by s. 23, ibid. (w.e.f. 14-11-1994). 3. Sub-sections (4) and (5) omitted by s. 23, ibid. (w.e.f. 14-11-1994). 50 ----- (vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons; (viii) the weight and nature of passengers; luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers; (ix) the rate of charge that may be levied for passengers’ luggage in excess of the free allowance; (x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used: Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers; (xiii) that fares shall be charged in accordance with the approved fare table; (xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts; (xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner; (xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified; (xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions; (xviii) the conditions subject to which vehicle may be used as a contract carriage; (xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle; (xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use; (xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority; (xxii) that the Regional Transport Authority may, after giving notice of not less than one month,— (a) vary the conditions of the permit; (b) attach to the permit further conditions: Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof; (xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe; (xxiv) any other conditions which may be prescribed. 51 ----- 1[Provided that the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.] **73. Application for contract carriage permit.—An application for a permit in respect of a contract** carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely:— (a) the type and seating capacity of the vehicle; (b) the area for which the permit is required; (c) any other particulars which may be prescribed. **74. Grant of contract carriage permit.—(1) Subject to the provisions of sub-section (3), a Regional** Transport Authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any area not specified in the application. (2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicles shall be used only in a specified area or on a specified route or routes; (ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area; (iii) the maximum number of passengers and the maximum weight of luggage that may be carried on the vehicles, either generally or on specified occasions or at specified times and seasons; (iv) the conditions subject to which goods may be carried in any contract carriage in addition to, or to the exclusion of, passengers; (v) that, in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicle; (vi) that, in the case of vehicles other than motor cabs, specified rates of hiring not exceeding specified maximum shall be charged; (vii) that, in the case of motor cabs, a special weight of passengers’ luggage shall be carried free of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate; (viii) that, in the case of motor cabs, a taximeter shall be fitted and maintained in proper working order, if prescribed; (ix) that the Regional Transport Authority may, after giving, notice of not less than one month,— (a) vary the conditions of the permit; (b) attach to the permit further conditions; (x) that the conditions of permit shall not be departed from save with the approval of the Regional Transport Authority; (xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles; (xii) that, except in the circumstances of exceptional nature, the plying of the vehicle or carrying of the passengers shall not be refused; (xiii) any other conditions which may be prescribed. 1. Ins. by Act 32 of 2019, s. 32 (w.e.f. 1-9-2019). 52 ----- 1[Provided that the Regional Transport Authority may in the interests of last mile connectivity waive any such condition in respect of any such types of vehicles as may be specified by the Central Government.] (3) (a) The State Government shall, if so directed by the Central Government, having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of contract carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs. (b) Where the number of contract carriages are fixed under clause (a), the Regional Transport Authority shall, in considering an application for the grant of permit in respect of any such contract carriage, have regard to the following matters, namely:— (i) financial stability of the applicant; (ii) satisfactory performance as a contract carriage operator including payment of tax if the applicant is or has been an operator of contract carriages; and (iii) such other matters as may be prescribed by the State Government: Provided that, other conditions being equal, preference shall be given to applications for permits from— (i) the India Tourism Development Corporation; (ii) State Tourism Development Corporations; (iii) State Tourism Departments; (iv) State transport undertakings; (v) co-operative societies registered or deemed to have been registered under any enactment for the time being in force; (vi) ex-servicemen; 1[(vii) self-help groups.] **75. Scheme for renting of motor cabs.—(1) The Central Government may, by notification in the** Official Gazette, make a scheme for the purpose of regulating the business of renting of [2][motor cabs or motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor cycles] for their own use and for matters connected therewith. (2) A scheme made under sub-section (1) may provide for all or any of the following matters, namely:— (a) licensing of operators under the scheme including grant, renewal and revocation of such licences; (b) form of application and form of licences and the particulars to be contained therein; (c) fee to be paid with the application for such licences; (d) the authorities to which the application shall be made; (e) condition subject to which such licences may be granted, renewed or revoked; (f) appeals against orders of refusal to grant or renew such licences and appeals against orders revoking such licences; (g) conditions subject to which motor cabs may be rented; (h) maintenance of records and inspection of such records; (i) such other matters as may be necessary to carry out the purposes of this section. 1. Ins. by Act 32 of 2019, s. 33 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 24, for “motor cabs to persons desiring to drive the cabs” (w.e.f. 14-11-1994). 53 ----- **76. Application for private service vehicle permit.—(1) A Regional Transport Authority may, on** an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit: Provided that no such permit shall be granted in respect of any area or route not specified in the application. (2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars, namely:— (a) type and seating capacity of the vehicle; (b) the area or the route or routes to which the application relates; (c) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehicle; and (d) any other particulars which may be prescribed. (3) The Regional Transport Authority if it decides to grant the permit may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicle be used only in a specified area or on a specified route or routes; (ii) the maximum number of persons and the maximum weight of luggage that may be carried; (iii) that the Regional Transport Authority may, after giving notice of not less than one month— (a) vary the conditions of the permit; (b) attach to the permit further conditions; (iv) that the conditions of permit shall not be departed from, save with the approval of the Regional Transport Authority; (v) that specified standards of comforts and cleanliness shall be maintained in the vehicle; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, specify; and (vii) such other conditions as may be prescribed. **77. Application for goods carriage permit.—An application for a permit to use a motor vehicle for** the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or business carried on by the applicant (in this Chapter referred to as a goods carriage permit) shall, as far as may be, contain the following particulars, namely:— (a) the area or the route or routes to which the application relates; (b) the type and capacity of the vehicle; (c) the nature of the goods it is proposed to carry; (d) the arrangements intended to be made for the housing, maintenance and repair of the vehicle and for the storage and safe custody of the goods; (e) such particulars as the Regional Transport Authority may require with respect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application, and of the rates charged by the applicant; (f) particulars of any agreement, or arrangement, affecting in any material respect the provision within the region of the Regional Transport Authority of facilities for the transport of goods for hire or reward, entered into by the applicant with any other person by whom such facilities are provided, whether within or without the region; (g) any other particulars which may be prescribed. 54 ----- **78. Consideration of application for goods carriage permit.—A Regional Transport Authority** shall, in considering an application for a goods carriage permit, have regard to the following matters, namely:— (a) the nature of the goods to be carried with special reference to their dangerous or hazardous nature to human life; (b) the nature of the chemicals or explosives to be carried with special reference to the safety to human life. **79. Grant of goods carriage permit.—(1) A Regional Transport Authority may, on an application** made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any area or route not specified in the application. (2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:— (i) that the vehicle shall be used only in a specified area or on a specified route or routes; (ii) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum; (iii) that goods of a specified nature shall not be carried; (iv) that goods shall be carried at specified rates; (v) that specified arrangement shall be made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried; (vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, prescribe; (vii) that the Regional Transport Authority may, after giving notice of not less than one month,— (a) vary the conditions of the permit; (b) attach to the permit further conditions; (viii) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority; (ix) any other conditions which may be prescribed. (3) The conditions referred to in sub-section (2) may include conditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life. **80. Procedure in applying for and granting permits.—(1) An application for a permit of any kind** may be made at any time. (2) A [1][Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] shall not ordinarily refuse to grant an application for permit of any kind made at any time under this Act: Provided that the [1][Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 71 or of contract carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74: 1. Subs. by Act 54 of 1994, s. 25, for “Regional Transport Authority” (w.e.f. 14-11-1994). 55 ----- Provided further that where a [1][Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] refuses an application for the grant of a permit of any kind under this Act, it shall give to the applicant in writing its reasons for the refusal of the same and an opportunity of being heard in the matter. (3) An application to vary the conditions of any permit, other than a temporary permit, by the inclusion of a new route or routes of a new area or by altering the route or routes or area covered by it, or in the case of a stage carriage permit by increasing the number of trips above the specified maximum or by the variation, extension or curtailment of the route or routes or the area specified in the permit shall be treated as an application for the grant of a new permit: Provided that it shall not be necessary so to treat an application made by the holder of stage carriage permit who provides the only service on any route to increase the frequency of the service so provided without any increase in the number of vehicles: Provided further that,— (i) in the case of variation, the termini shall not be altered and the distance covered by the variation shall not exceed twenty-four kilometres; (ii) in the case of extension, the distance covered by extension shall not exceed twenty-four kilometres from the termini, and any such variation or extension within such limits shall be made only after the transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof. (4) A [1][Regional Transport Authority, State Transport Authority or any prescribed authority referred to in sub-section (1) of section 66] may, before such date as may be specified by it in this behalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replaced permit was valid: Provided that no condition other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in writing of the holder of the permit. (5) Notwithstanding anything contained in section 81, a permit issued under the provisions of sub-section (4) shall be effective without renewal for the remainder of the period during which the replaced permit would have been so effective. **81. Duration and renewal of permits.—(1) A permit other than a temporary permit issued under** section 87 or a special permit issued under sub-section (8) of section 88 shall be effective [2][from the date of issuance or renewal thereof] for a period of five years: Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit. (2) A permit may be renewed on an application made not less than fifteen days before the date of its expiry. (3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority, as the case may be, may entertain an application for the renewal of a permit after the last date specified in that sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. (4) The Regional Transport Authority or the State Transport Authority, as the case may be, may reject an application for the renewal of a permit on one or more of the following grounds, namely:— 1. Subs. by Act 54 of 1994, s. 25, for “Regional Transport Authority” (w.e.f. 14-11-1994). 2. Subs. by s. 26, ibid., for “without renewal” (w.e.f. 14-11-1994). 56 ----- (a) the financial condition of the applicant as evidenced by insolvency, or decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to the date of consideration of the application; (b) the applicant had been punished twice or more for any of the following offences within twelve months reckoned from fifteen days prior to the date of consideration of the application committed as a result of the operation of a stage carriage service by the applicant, namely:— (i) plying any vehicle— (1) without payment of tax due on such vehicle; (2) without payment of tax during the grace period allowed for payment of such tax and then stop the plying of such vehicle; (3) on any unauthorised route; (ii) making unauthorised trips: Provided that in computing the number of punishments for the purpose of clause (b), any punishment stayed by the order of an appellate authority shall not be taken into account: Provided further that no application under this sub-section shall be rejected unless an opportunity of being heard is given to the applicant. (5) Where a permit has been renewed under this section after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause (d) of section 87, and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded. **82. Transfer of permit.—(1) Save as provided in sub-section (2), a permit shall not be transferable** from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. (3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit: Provided that the transport authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. **83. Replacement of vehicles.—The holder of a permit may, with the permission of the authority by** which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. **84. General conditions attaching to all permits.—The following shall be conditions of every** permit— (a) that the vehicle to which the permit relates carries valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of this Act and the rules made thereunder; (b) that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this Act; 57 ----- (c) that any prohibition or restriction imposed and any fares or freight fixed by notification made under section 67 are observed in connection with the vehicle to which the permit relates; (d) that the vehicle to which the permit relates is not driven in contravention of the provisions of section 5 or section 113; (e) that the provisions of this Act limiting the hours of work of drivers are observed in connection with any vehicle or vehicles to which the permit relates; (f) that the provisions of Chapters X, XI and XII so far as they apply to the holder of the permit are observed; and (g) that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as practicable below the window line in bold letters. **85. General form of permits.—Every permit issued under this Act shall be complete in itself and** shall contain all the necessary particulars of the permit and the conditions attached thereto. **86. Cancellation and suspension of permits.—(1) The transport authority which granted a permit** may cancel the permit or may suspend it for such period as it thinks fit— (a) on the breach of any condition specified in section 84 or of any condition contained in the permit, or (b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or (c) if the holder of the permit ceases to own the vehicle covered by the permit, or (d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or (e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or (f) if the holder of the permit acquires the citizenship of any foreign country: Provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation. (2) The transport authority may exercise the powers conferred on it under sub-section (1) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section (5) of section 68 as if the said permit was a permit granted by the transport authority. (3) Where a transport authority cancels or suspends a permit, it shall give to the holder in writing its reasons for the action taken. (4) The powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of section 68. (5) Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (e) of sub-section (1) and the transport authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, then, notwithstanding anything contained in sub-section (1), the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon. (6) The powers exercisable by the transport authority under sub-section (5) may, where an appeal has been preferred under section 89, be exercised also by the appellate authority. (7) In relation to a permit referred to in sub-section (9) of section 88, the powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit, may be exercised by any transport authority and any authority or persons to whom power in this 58 ----- behalf has been delegated under sub-section (5) of section 68, as if the said permit was a permit granted by any such authority or persons. **87. Temporary permits.—(1) A Regional Transport Authority and the State Transport Authority** may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily— (a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or (b) for the purposes of a seasonal business, or (c) to meet a particular temporary need, or (d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit: Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year. (2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where— (i) no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained; or (ii) as a result of the suspension by a court or other competent authority of the permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension: Provided that the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be, the permit has been suspended. **88. Validation of permits for use outside region in which granted.—(1) Except as may be** otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other rigion, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned: Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further that where both the starting point and the terminal point of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State: Provided also that— (a) where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the 59 ----- effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and (b) any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State. (2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit. (3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5). (5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. (6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it. (7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be. (8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, [1][grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be. 1. Subs. by Act 54 of 1994, s. 27, for “grant a special permit in relation to a vehicle covered” (w.e.f. 14-11-1994). 60 ----- (9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86[1][clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits. 2* - - - (11) The following shall be conditions of every permit granted under sub-section (9), namely:— (i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the Central Government may specify in this behalf; (ii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and (iii) such other conditions as may be prescribed by the Central Government. (12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 [1][clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits. 3* - - - (14) (a) The Central Government may make rules for carrying out the provisions of this section. (b) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) the authorisation fee payable for the issue of a permit referred to in sub-sections (9) and (12); (ii) the fixation of the laden weight of the motor vehicle; (iii) the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle; (iv) the colour or colours in which the motor vehicle is to be painted; (v) such other matters as the appropriate authority shall consider in granting a national permit. _Explanation.—In this section,—_ (a) “appropriate authority”, in relation to a national permit, means the authority which is authorised under this Act to grant a goods carriage permit; (b) “authorisation fee” means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12) to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned; (c) “national permit” means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application. 1. Subs. by Act 54 of 1994, s. 27 for “and 89” (w.e.f. 14-11-1994). 2. Sub-section (10) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 3. Sub-section (13) omitted by s. 27, ibid. (w.e.f. 14-11-1994). 61 ----- **1[88A. Power of Central Government to make schemes for national, multimodal and inter-State** **transport of passengers and goods.—(1) Notwithstanding anything contained in this Act, the Central** Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for national, multimodal and inter-State transportation of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely:— (a) last mile connectivity; (b) rural transport; (c) improving the movement of freight, and logistics; (d) better utilisation of transportation assets; (e) the enhancement to the economic vitality of the area, especially by enabling competitiveness, productivity and efficiency; (f) the increase in the accessibility and mobility of people; (g) the protection and enhancement of the environment; (h) the promotion of energy conservation; (i) improvement of the quality of life; (j) enhancement of the integration and connectivity of the transportation system, across and between modes of transport; and (k) such other matters as the Central Government may deem fit: Provided that the Central Government may, before taking any action under this sub-section seek concurrence of the State Governments. (2) Notwithstanding anything contained in sub-section (1), two or more States may make schemes for the operation within such States for the inter-State transportation of goods or passengers: Provided that in the event of any repugnancy between the schemes made by the Central Government under sub-section (1) and schemes made by two or more States under this sub-section, the schemes made under sub-section (1) shall prevail.] **89. Appeals.—(1) Any person—** (a) aggrieved by the refusal of the State or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him, or (b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or (c) aggrieved by the refusal to transfer the permit under section 82, or (d) aggrieved by the refusal of the State or a Regional Transport Authority to countersign a permit, or by any condition attached to such countersignature, or (e) aggrieved by the refusal of renewal of a permit, or (f) aggrieved by the refusal to grant permission under section 83, or (g) aggrieved by any other order which may be prescribed, may, within the prescribed time and in the prescribed manner, appeal to the State Transport Appellate Tribunal constituted under sub-section (2), who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final. 2[(2) The State Government shall constitute such number of Transport Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial officer who is not below the rank of a 1. Ins. by Act 32 of 2019, s. 34 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 28, for sub-section (2) (w.e.f. 14-11-1994). 62 ----- District Judge or who is qualified to be a Judge of the High Court and it shall exercise jurisdiction within such area as may be notified by that Government.] (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), every appeal pending at the commencement of this Act, shall continue to be proceeded with and disposed of as if this Act had not been passed. _Explanation.—For the removal of doubts, it is hereby declared that when any order is made by the_ State Transport Authority or the Regional Transport Authority in pursuance of a direction issued by the Inter-State Transport Commission under clause (c) of sub-section (2) of section 63A of the Motor Vehicles Act, 1939 (4 of 1939),as it stood immediately before the commencement of this Act, and any person feels aggrieved by such order on the ground that it is not in consonance with such direction, he may appeal under sub-section (1) to the State Transport Appellate Tribunal against such order but not against the direction so issued. **90. Revision.—The State Transport Appellate Tribunal may, on an application made to it, call for the** record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies, and if it appears to the State Transport Authority Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and every such order shall be final: Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order: Provided further that the State Transport Appellate Tribunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time: Provided also that the State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard. **91. Restriction of hours of work of drivers.—[1][(1) The hours of work of any person engaged for** operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961).] (2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen. (3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed. (4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3). (5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1). **92. Voidance of contracts restrictive of liability.—Any contract for the conveyance of a passenger** in a [2][transport vehicle, in respect of which a permit or licence] has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or 1. Subs. by Act 54 of 1994, s. 29, for sub-section (1) (w.e.f. 14-11-1994). 2. Subs. by Act 32 of 2019, s. 35, for “stage carriage or contract carriage, in respect of which a permit” (w.e.f. 1-9-2019). 63 ----- alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void. **93. [1][Agent or canvasser or aggregator to obtain licence.]— (1) No person shall engage himself—** (i) as an agent or a canvasser, in the sale of tickets for travel by public service vehicles or in otherwise soliciting custom for such vehicles, or (ii) as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages, 2[(iii) as an aggregator,] unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Government. 2[Provided that while issuing the licence to an aggregator the State Government may follow such guidelines as may be issued by the Central Government: Provided further that every aggregator shall comply with the provisions of the Information Technology Act, 2000 (21 of 2000) and the rules and regulations made thereunder.] (2) The conditions referred to in sub-section (1) may include all or any of the following matters, namely:— (a) the period for which a licence may be granted or renewed; (b) the fee payable for the issue or renewal of the licence; (c) the deposit of security— (i) of a sum not exceeding rupees fifty thousand in the case of an agent in the business of collecting, forwarding or distributing goods carried by goods carriages; (ii) of a sum not exceeding rupees five thousand in the case of any other agent or canvasser, and the circumstances under which the security may be forfeited; (d) the provision by the agent of insurance of goods in transit; (e) the authority by which and the circumstances under which the licence may be suspended or revoked; (f) such other conditions as may be prescribed by the State Government. (3) It shall be a condition of every licence that no agent or canvasser to whom the licence is granted shall advertise in any newspaper, book, list, classified directory or other publication unless there is contained in such advertisement appearing in such newspapers, book, list, classified directory or other publication the licence number, the date of expiry of licence and the particulars of the authority which granted the licence. **94. Bar on jurisdiction of Civil Courts.—No Civil Court shall have jurisdiction to entertain any** question relating to the grant of a permit [3][or licence issued under any scheme] under this Act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act with regard to the grant of a permit [3][or licence issued under any scheme], shall be entertained by any Civil Court. **95. Power of State Government to make rules as to stage carriages and contract carriages.—(1)** A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles. (2) Without prejudice to the generality of the foregoing provision, such rules may— 1. Subs. by Act 32 of 2019, s. 36, for the marginal heading “Agent or canvasser to obtain licence” (w.e.f. 27-11-2020). 2. Ins. by s. 36, ibid., (w.e.f. 27-11-2020). 3. Ins. by Act 32 of 2019, s. 37 (w.e.f. 1-9-2019). 64 ----- (a) authorise the removal from such vehicle of any person contravening the rules by the driver or conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, by any police officer; (b) require a passenger who is reasonably suspected by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand; (c) require a passenger to declare, if so demanded by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefor; (d) require, on demand being made for the purpose by the driver or conductor or other person authorised by the owners of the vehicle, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him; (e) require a passenger, if so requested by the driver or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid; (f) require the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him; (g) require a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or discomfort to any other passenger; (h) require a passenger not to smoke in any vehicle on which a notice prohibiting smoking is exhibited; (i) require the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers can record any complaints in the same. **96. Power of State Government to make rules for the purposes of this Chapter.—(1) A State** Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely:— (i) the period of appointment and the terms of appointment of and the conduct of business by Regional and State Transport Authorities and the reports to be furnished by them; (ii) the conduct of business by any such authority in the absence of any member (including the Chairman) thereof and the nature of business which, the circumstances under which and the manner in which, business could be so conducted; (iii) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; (iv) the forms to be used for the purposes of this Chapter, including the forms of permits; (v) the issue of copies of permits in place of permits lost, destroyed or multilated; (vi) the documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed; (vii) the fees to be paid in respect of applications for permits, duplicate permits and plates; (viii) the exemption of prescribed persons or prescribed classes of persons from payment of all or any or any portion of the fees payable under this Chapter; (ix) the custody, production and cancellation on revocation or expiration of permits, and the return of permits which have been cancelled; (x) the conditions subject to which, and the extent to which, a permit granted in another State shall be valid in the State without countersignature; 65 ----- (xi) the conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region within the State without countersignature; (xii) the conditions to be attached to permits for the purpose of giving effect to any agreement such as is referred to in clause (iii) of sub-section (1) of section 67; (xiii) the authorities to whom, the time within which and the manner in which appeals may be made; (xiv) the construction and fittings of, and the equipment to be carried by, stage and contract carriage, whether generally or in specified areas; (xv) the determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried; (xvi) the conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers; (xvii) the safe custody and disposal of property left in a stage or contract carriage; (xviii) regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails; (xix) the conveyance in stage or contract carriages of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such carriage; if used for such purposes; (xx) the provision of taxi meters on motor cabs requiring approval or standard types of taxi meters to be used and examining testing and sealing taxi meters; (xxi) prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place; (xxii) the requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof; the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition; (xxiii) the regulation of motor cab ranks; (xxiv) requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward; (xxv) authorising specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business; (xxvi) requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare; (xxvii) the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may or may not be carried; (xxviii) the licensing of and the regulation of the conduct of agents or canvassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit custom for such vehicles; (xxix) the licensing of agents engaged in the business of collecting for forwarding and distributing goods carried by goods carriages; (xxx) the inspection of transport vehicles and their contents and of the permits relating to them; (xxxi) the carriage of persons other than the driver in goods carriages; 66 ----- (xxxii) the records to be maintained and the returns to be furnished by the owners of transport vehicles; and 1[(xxxiia) framing of schemes under sub-section (3) of section 67; (xxxiib) the promotion of effective competition, passenger convenience and safety, competitive fares and prevention of overcrowding;] (xxxiii) any other matter which is to be or may be prescribed. CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS **97. Definition.—In this Chapter, unless the context otherwise requires, “road transport service”** means a service of motor vehicles carrying passengers or goods or both by road for hire or reward. **98. Chapter to override Chapter V and other laws.—The provisions of this Chapter and the rules** and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law. **99. Preparation and publication of proposal regarding road transport service of a State** **transport undertaking.—[2][(1)] Where any State Government is of opinion that for the purpose of** providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit. 3[(2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during the pendency of the proposal and such temporary permit shall be valid only for a period of one year from the date of its issue of till the date of final publication of the scheme under section 100, whichever is earlier.] **100. Objection to the proposal.—(1) On the publication of any proposal regarding a scheme in the** Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government. (2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal. (3) The scheme relating to the proposal as approved or modified under sub-section (2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of its publication in the Official Gazette and shall be called the approved scheme and the area or route to which it relates shall be called the notified area or notified route: 1. Ins. by Act 32 of 2019, s. 38 (w.e.f. 1-9-2019). 2. Section 99 renumbered as sub-section (1) thereof by Act of 54 of 1994, s. 30 (w.e.f. 14-11-1994). 3. Ins. by s. 30, ibid. (w.e.f. 14-11-1994). 67 ----- Provided that no such scheme which relates to any inter-State route shall be deemed to be an approved scheme unless it has the previous approval of the Central Government. (4) Notwithstanding anything contained in this section, where a scheme is not published as an approved scheme under sub-section (3) in the Official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed. _Explanation.—In computing the period of one year referred to in this sub-section, any period or_ periods during which the publication of the approved scheme under sub-section (3) was held up on account of any stay or injunction by the order of any court shall be excluded. **101. Operation of additional services by a State transport undertaking in certain** **circumstances.—Notwithstanding anything contained in section 87, a State transport undertaking may, in** the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings: Provided that the State transport undertaking shall inform about the operation of such additional services to the concerned Transport Authority without delay. **102. Cancellation or modification of scheme.—(1) The State Government may, at any time, if it** considers necessary, in the public interest so to do, modify any approved scheme after giving— (i) the State transport undertaking; and (ii) any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification, an opportunity of being heard in respect of the proposed modification. (2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government. **103. Issue of permits to State transport undertakings.—(1) Where, in pursuance of an approved** scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter V. (2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order,— (a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending; (b) cancel any existing permit; (c) modify the terms of any existing permit so as to— (i) render the permit ineffective beyond a specified date; (ii) reduce the number of vehicles authorised to be used under the permit; (iii) curtail the area or route covered by the permit in so far as such permit relates to the notified area or notified route. (3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under sub-section (1) or sub-section (2). **STATE AMENDMENTS** **Karnataka** **Amendment of section 103.—In section 103 of the Motor Vehicles Act, 1988 (Central Act 59 of** 1988), after sub-section (1), the following shall be inserted, namely:— 68 ----- “(1A) It shall be lawful for the State Transport undertaking to operate on any route as stage carriage under any permit issued therefor to such undertaking under sub-section (1), any vehicle placed at the disposal and under the control of such undertaking by the owner of such vehicle under any arrangement entered into between such owner and the undertaking for the use of the said vehicle by the undertaking.] [Vide Karnataka Act 11 of 1996, sec. 2]. **104. Restriction on grant of permits in respect of a notified area or notified route.—Where a** scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme: Provided that where no application for a permit has been made by the State transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or route. **105. Principles and method of determining compensation and payment thereof.—(1) Where, in** exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified, there shall be paid by the State transport undertaking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub-section (4) or sub-section (5), as the case may be. (2) Notwithstanding anything contained in sub-section (1), no compensation shall be payable on account of the cancellation of any existing permit or any modification of the terms thereof, when a permit for an alternative route or area in lieu thereof has been offered by the State Transport Authority or the Regional Transport Authority, as the case may be and accepted by the holder of the permit. (3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account of the refusal to renew a permit under clause (a) of sub-section (2) of section 103. (4) Where, in exercise of the powers conferred by clause (b) or sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified so as to prevent the holder of the permit from using any vehicle authorised to be used thereunder for the full period from which the permit, would otherwise have been effective, the compensation payableto the holder of the permit for each vehicle affected by such cancellation or modification shall be computed as follows:— (a) for every complete month or part of a month exceeding fifteen days of the unexpired period of the permit Two hundred rupees; (b) for part of a month not exceeding fifteen days of the unexpired period of the permit One hundred rupees: Provided that the amount of compensation shall, in no case, be less than four hundred rupees. (5) Where, in exercise of the powers conferred by sub-clause (iii) of clause (c) of sub-section (2) of section 103, the terms of an existing permit are modified so as to curtail the area or route of any vehicle authorised to be used thereunder, the compensation payable to the holder of the permit on account of such curtailment shall be an amount computed in accordance with the following formula, namely:— YA R _Explanation.—In this formula,—_ (i) “Y” means the length or area by which the route or area covered by the permit is curtailed; (ii) “A” means the amount computed in accordance with sub-section (4); (iii) “R” means the total length of the route or the total area covered by the permit. (6) The amount of compensation payable under this section shall be paid by the State transport undertaking to the person or persons entitled thereto within one month from the date on which the cancellation or modification of the permit becomes effective: 69 ----- Provided that where the State transport undertaking fails to make the payment within the said period of one month, it shall pay interest at the rate of seven per cent. per annum from the date on which it falls due. **106. Disposal of article found in vehicles.—Where any article found in any transport vehicle** operated by the State transport undertaking is not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand. **107. Power of State Government to make rules.—(1) The State Government may make rules for** the purpose of carrying into effect the provisions of this Chapter. (2) Inparticular 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 any proposal regarding a scheme may be published under section 99; (b) the manner in which objections may be filed under sub-section (1) of section 100; (c) the manner in which objections may be considered and disposed of under sub-section (2) of section 100; (d) the form in which any approved scheme may be published under sub-section (3) of section 100; (e) the manner in which application under sub-section (1) of section 103 may be made; (f) the period within which the owner may claim any article found left in any transport vehicle under section 106 and the manner of sale of such article; (g) the manner of service of orders under this Chapter; (h) any other matter which has to be, or may be, prescribed. **108. Certain powers of State Government exercisable by the Central Government.—The powers** conferred on the State Government under this Chapter shall, in relation to a corporation or company owned or controlled by the Central Government or by the Central Government and one or more State Governments, be exercisable only by the Central Government in relation to an inter-State route or area. CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES **109. General provision regarding construction and maintenance of vehicles.—(1) Every motor** vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. (2) Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. 1[(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.] **110. Power of Central Government to make rules.—(1) The Central Government may make rules** regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:— (a) the width, height, length and overhang of vehicles and of the loads carried; 2[(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;] (c) brakes and steering gear; (d) the use of safety glasses including prohibition of the use of tinted safety glasses; (e) signalling appliances, lamps and reflectors; (f) speed governors; 1. Ins. by Act 54 of 1994, s. 31 (w.e.f. 14-11-1994). 2. Subs. by s. 32, ibid., for clause (b) (w.e.f. 14-11-1994). 70 ----- (g) the emission of smoke, visible vapour, sparks, ashes, grit or oil; (h) the reduction of noise emitted by or caused by vehicles; (i) the embossment of chassis number and engine number and the date of manufacture; (j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users; (k) standards of the components [1][including software] used in the vehicle as inbuilt safety devices; (l) provision for transportation of goods of dangerous or hazardous nature to human life; (m) standardsfor emission of air pollutants; 2[(n) installation of catalytic convertors in the class of vehicles to be prescribed; (o) the placement of audio-visual or radio or tape recorder type of device in public vehicles; (p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment. (2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances [1][and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 1[(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed.] (3) Notwithstanding anything contained in this section,— (a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter; (b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government. **3[110A. Recall of motor vehicles.—(1)** The Central Government may, by order, direct a manufacturer to recall motor vehicles of a particular type or its variants, if— (a) a defect in that particular type of motor vehicle may cause harm to the environment or to the driver or occupants of such motor vehicle or other road users; and (b) a defect in that particular type of motor vehicle has been reported to the Central Government by— 1. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021). 2. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 40 (w.e.f. 1-4-2021). 71 ----- (i) such percentage of owners, as the Central Government, may by notification in the Official Gazette, specify; or (ii) a testing agency; or (iii) any other source. (2) Where the defect referred to in sub-section (1) lies in a motor vehicle component, the Central Government may, by order, direct a manufacturer to recall all motor vehicles which contain such component, regardless of the type or variants of such motor vehicle. (3) A manufacturer whose vehicles are recalled under sub-section (1) or sub-section (2), shall— (a) reimburse the buyers for the full cost of the motor vehicle, subject to any hire-purchase or lease-hypothecation agreement; or (b) replace the defective motor vehicle with another motor vehicle of similar or better specifications which complies with the standards specified under this Act or repair it; and (c) pay such fines and other dues in accordance with sub-section (6). (4) Where a manufacturer notices a defect in a motor vehicle manufactured by him, he shall inform the Central Government of the defect and initiate recall proceedings and in such case the manufacturer shall not be liable to pay fine under sub-section (3). (5) The Central Government may authorise any officer to conduct investigation under this section who shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; and (d) any other matter as may be prescribed. (6) The Central Government may make rules for regulating the recall of motor vehicles, of a particular type or its variants, for any defect which in the opinion of the Central Government, may cause harm to the environment or to the driver or occupants of such motor vehicle or to other road users. **110B. Type approval certificate and testing agencies.— (1) No motor vehicle, including a trailer or** semi-trailer or modular hydraulic trailer or side car shall be sold or delivered or offered for sale or delivery or used in a public place in India unless a type-approval certificate referred to in sub-section (2) has been issued in respect of such vehicle: Provided that the Central Government may, by notification in the Official Gazette, extend the requirement of type-approval certificate to other vehicles drawn or intended to be drawn by a motor vehicle: Provided further that such certificate shall not be required for vehicles which are— (a) intended for export or display or demonstration or exhibition; or (b) used by a manufacturer of motor vehicles or motor vehicle components or a research and development centre or a test by agency for testing and validation or for data collection, inside factory premises or in a non-public place; or (c) exempted by the Central Government. (2) The manufacturer or importer of motor vehicles including trailers, semi-trailers, modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be manufactured or imported for test to a testing agency for obtaining a type-approval certificate by such agency. (3) The Central Government shall make rules for the accreditation, registration and regulation of testing agencies. 72 ----- (4) The testing agencies shall conduct tests on vehicles drawn from the production line of the manufacturer or obtained otherwise to verify the conformity of such vehicles to the provisions of this Chapter and the rules and regulations made thereunder. (5) Where the motor vehicle having a type-approval certificate is recalled under section 110A, the testing agency which granted the certificate to such motor vehicle shall be liable for its accreditation and registration to be cancelled.] **111. Power of State Government to make rules.—(1) A State Government may make rules** regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of section 110. (2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing all or any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or description or in particular circumstances, namely:— (a) seating arrangements in public service vehicles and the protection of passengers against the weather; (b) prohibiting or restricting the use of audible signals at certain times or in certain places; (c) prohibiting the carrying of appliances likely to cause annoyance or danger; (d) the periodical testing and inspection of vehicles by prescribed authorities [1][and fees to be charged for such test]; (e) the particulars other than registration marks to be exhibited by vehicles and the manner in which they shall be exhibited; (f) the use of trailers with motor vehicles; and 2* - - - CHAPTER VIII CONTROL OF TRAFFIC **112. Limits of speed.—(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to** be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force: Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette. (2) The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads: Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month. (3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938). 1. Ins. by s. 33, Act 54 of 1994 (w.e.f. 14-11-1994). 2. Clause (g) omitted by s. 33, ibid. (w.e.f. 14-11-1994). 73 ----- **113. Limits of weight and limitations on use.—(1) The State Government may prescribe the** conditions for the issue of permits for [1][transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. (2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer— (a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or (b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration. (4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer. **114. Power to have vehicle weighed.—(1) [2][Any officer of the Motor Vehicles Department [3][or any** other person authorised in this behalf by the State Government] shall, if he has reason to believe that a goods vehicle or trailor is being used in contravention of section 113] require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions. (2) Where the person authorised under sub-section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit. **115. Power to restrict the use of vehicles.—The State Government or any authority authorised in** this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction. **116. Power to erect traffic signs.—(1) (a) The State Government or any authority authorised in this** behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub-section (2) of section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic. (b) A State Government or any authority authorised in this behalf by the State Government may, by notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving regulations made by the Central Government. 1. Subs. by Act 54 of 1994, s. 34, for “heavy goods vehicles or heavy passenger motor vehicles” (w.e.f. 14-11-1994). 2. Subs. by s. 35, ibid., for certain words and figures (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 41, for “authorised in this behalf by the State Government” (w.e.f. 1-9-2019). 74 ----- 1[(1A) Notwithstanding anything contained in sub-section (1), the National Highways Authority of India constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver: Provided that for the purposes of this sub-section, the National Highway Authority of India or any other agency authorised by the Central Government may seek assistance from the authorities of the State Government and the said State Government shall provide such assistance.] (2) Traffic signs placed or erected under sub-section (1) for any purpose for which provision is made in the Schedule shall be of the size, colour and type and shall have the meanings set forth in the Schedule, but the State Government or any authority empowered in this behalf by the State Government may make or authorise the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or figures thereon in such script as the State Government may think fit, provided that the transcriptions shall be of similar size and colour to the words, letters or figures set forth in the Schedule. (3) Except as provided by sub-section (1) [1][or sub-section (1A)], no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected prior to the commencement of this Act by any competent authority shall for the purpose of this Act be deemed to be traffic signs placed or erected under the provisions of sub-section (1). (4) A State Government may, by notification in the Official Gazette, empower any police officer not below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading or which in his opinion is likely to distract the attention or concentration of the driver. (5) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed or erected under this section. (6) If any person accidentally causes such damage to a traffic sign as renders it useless for the purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty-four hours of the occurrence. (7) For the purpose of bringing the signs set forth in [2][the First Schedule] in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the issue of any such notification,[1][the First Schedule] shall be deemed to be amended accordingly. **117. Parking places and halting stations.—The State Government or any authority authorised in** this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers. 3[Provided that the State Government or the authorised authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places: Provided further that for the purpose of this section the National Highways Authority of India, constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may also determine such places.] 1. Ins. by Act 32 of 2019, s. 42 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 36, for “the Schedule” (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 43 (w.e.f. 1-9-2019). 75 ----- **118. Driving regulations.—The Central Government may, by notification in the Official Gazette,** make regulations for the driving of motor vehicles. **119. Duty to obey traffic signs.—(1) Every driver of a motor vehicle shall drive the vehicle in** conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place. (2) In this section “mandatory traffic sign” means a traffic sign included in Part A of the Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 116. **120. Vehicles with left hand control.—No person shall drive or cause or allow to be driven in any** public place any motor vehicle with a left-hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order. **121. Signals and signalling devices.—The driver of a motor vehicle shall make such signals and on** such occasions as may be prescribed by the Central Government: Provided that the signal of an intention to turn to the right or left or to stop— (a) in the case of a motor vehicle with a right-hand steering control, may be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle; and (b) in the case of a motor vehicle with a left-hand steering control, shall be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle: Provided further that the State Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as may be specified therein any motor vehicle or class or description of motor vehicles from the operation of this section for the purpose of plying in that area or route. **122. Leaving vehicle in dangerous position.—No person in charge of a motor vehicle shall cause or** allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers. **123. Riding on running board, etc.—(1) No person driving or in charge of a motor vehicle shall** carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle. (2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle. **124. Prohibition against travelling without pass or ticket.—No person shall enter or remain in any** stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket: Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, be shall make the payment of his fare to the conductor or the driver who performs the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey. _Explanation.—In this section,—_ (a) “pass” means a duty, privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for the period specified therein; (b) “ticket” includes a single ticket, a return ticket or a season ticket. **125. Obstruction of driver.—No person driving a motor vehicle shall allow any person to stand or** sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle. 76 ----- **126. Stationary vehicles.—No person driving or in charge of a motor vehicle shall cause or allow the** vehicle to remain stationary in any public place, unless there is in the driver’s seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver. **127. Removal of motor vehicles abandoned or left unattended on a public place.—[1][(1) Where** any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.] (2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the [2][public place], or its physical appearance is causing the impediment to the traffic, its immediate removal from the[ 1][public place] by a towing service may be authorised by a police officer having jurisdiction. (3) Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty. **128. Safety measures for drivers and pillion riders.—(1) No driver of a two-wheeled motorcycle** shall carry more than one person in addition to himself on the motorcycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motorcycle behind the driver’s seat with appropriate safety measures. (2) In addition to the safety measures mentioned in sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motorcycles and pillion riders thereon. 3[129. Wearing of protective headgear.— Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government: Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban: Provided further that the Central Government may by rules provide for measures for the safety of children below four years of age riding or being carried on a motorcycle. _Explanation.— “Protective headgear” means a helmet which,—_ (a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motorcycle a degree of protection from injury in the event of an accident; and (b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.] **130. Duty to produce licence and certificate of registration.—(1) The driver of a motor vehicle in** any public place shall, on demand by any police officer in uniform, produce his licence for examination: Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand. 4[(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.] 1. Subs. by Act 54 of 1994, s. 37, for sub-section (1) (w.e.f. 14-11-1994). 2. Subs. by s. 37, ibid., for “highway” (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 44, for section 129 (w.e.f. 15-02-2022). 4. Subs. by Act 54 of 1994, s. 39, for sub-section (2) (w.e.f. 14-11-1994). 77 ----- 1[(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it. _Explanation.—For the purposes of this sub-section, “certificate of insurance” means the certificate_ issued under sub-section (3) of section 147.] (4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3), as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the police officer or authority making the demand: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle. **131. Duty of the driver to take certain precautions at unguarded railway level crossing.—Every** driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed. **132. Duty of driver to stop in certain cases.—(1) The driver of a motor vehicle shall cause the** vehicle to stop and remain stationary so long as [2][may for such reasonable time as may be necessary, but not exceeding twenty-four hours]— 3[(a) when required to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or] (b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or 4* - - - and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address. (2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 184 give his name and address to that person. (3) In this section the expression “animal” means any horse, cattle, elephant, camel, ass, mule, sheep or goat. **133. Duty of owner of motor vehicle to give information.—The owner of a motor vehicle, the** driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him. 1. Subs. by Act 54 of 1994, s. 39, for sub-section (3) (w.e.f. 14-11-1994). 2. Subs. by s. 40, ibid., for “may reasonably be necessary” (w.e.f. 14-11-1994). 3. Subs. by s. 40, ibid., for clause (a) (w.e.f. 14-11-1994). 4. Clause (c) omitted by s. 40, ibid. (w.e.f. 14-11-1994). 78 ----- **134. Duty of driver in case of accident and injury to a person.—When any person is injured or any** property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall— (a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, [1][by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence. 2[(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:— (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his driving licence. _Explanation.—For the purposes of this section, the expression “driver” includes the owner of the_ vehicle.] **3[134A. Protection of Good Samaritans. —(1) A Good Samaritan shall not be liable for any civil or** criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance. (2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters. _Explanation.—For the purposes of this section, “Good Samaritan” means a person, who in good_ faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.] **135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc.—** (1) The State Government may, by notification in the Official Gazette, make one or more schemes to provide for— (a) an in depth study on causes and analysis of motor vehicle accidents; (b) wayside amenities on highways; (c) traffic aid posts on highways; [4]*** (d) truck parking complexes along [5][highways; and]. 6[(e) any other amenities in the interests of the safety and the convenience of the public.] 1. Subs. by Act 54 of 1994, s. 41, for “and if necessary, convey him to the nearest hospital” (w.e.f. 14-11-1994). 2. Ins. by s. 41, ibid. (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 45 (w.e.f. 1-10-2020). 4. The word “and” omitted by, s. 46, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 46, ibid., for “highways” (w.e.f. 1-9-2019). 6. Ins. by s. 46, ibid. (w.e.f. 1-9-2019). 79 ----- (2) Every scheme made under this section by any State Government shall be laid, as soon as may be after it is made, before the State Legislature. 1[(3) The Central Government may, by notification in the Official Gazette, make one or more schemes to conduct in-depth studies on the causes and analysis of road accidents.] **136. Inspection of vehicle involved in accident.—When any accident occurs in which a motor** vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination: Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned [2][after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours]. 3[136A. Electronic monitoring and enforcement of road safety. —(1) The State Government shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (2) on national highways, state highways, roads or in any urban city within a State which has a population up to such limits as may be prescribed by the Central Government. (2) The Central Government shall make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology. _Explanation.—For the purpose of this section the expression “body wearable camera” means a_ mobile audio and video capture device worn on the body or uniform of a person authorised by the State Government.] **137. Power of Central Government to make rules.—The Central Government may make rules to** provide for all or any of the following matters, namely:— (a) the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 121; 4[(aa) providing for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129;] (b) the manner in which the licences and certificates may be produced to the police officer under section 130. 4[(c) providing for limits of urban city by the State Governments under sub-section (1) of section 136A; and (d) providing for electronic monitoring and enforcement under sub-section (2) of section 136A.] **138. Power of State Government to make rules.—(1) The State Government may make rules for** the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137. 5[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways: Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.] (2) Without prejudice to the generality of the foregoing power, such rules may provide for— 1. Ins. by Act 32 of 2019, s. 45 (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 42, for “without unnecessary delay” (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 47 (w.e.f. 15-7-2021). 4. Ins. by, s. 48, ibid., (w.e.f. 1-9-2019). 5. Ins. by s. 49, ibid. (w.e.f. 1-9-2019). 80 ----- (a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads; (b) the installation and use of weighing devices; (c) the maintenance and management of wayside amenities complexes; (d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed; (e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use; (f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place; (g) prohibiting the taking hold of or mounting of a motor vehicle in motion; (h) prohibiting the use of foot-paths or pavements by motor vehicles; (i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of abstruction to traffic; and (j) any other matter which is to be, or may be, prescribed. CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA **139. Power of Central Government to make rules.—(1) The Central Government may, by** notification in the Official Gazette, make rules for all or any of the following purposes, namely:— (a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of India to any place outside India or to persons temporarily proceeding out of India to any place outside India and desiring to drive a motor vehicle during their absence from India; (b) prescribing the conditions subject to which motor vehicles brought temporarily into India from outside India by persons intending to make a temporary stay in India may be possessed and used in India; and (c) prescribing the conditions subject to which persons entering India from any place outside India for a temporary stay in India may drive motor vehicles in India. (2) For the purpose of facilitating and regulating the services of motor vehicles operating between India and any other country under any reciprocal arrangement and carrying passengers or goods or both by road for hire or reward, the Central Government may, by notification in the Official Gazette, make rules with respect to all or any of the following matters, namely:— (a) the conditions subject to which motor vehicles carrying on such services may be brought into India from outside India and possessed and used in India; (b) the conditions subject to which motor vehicles may be taken from any place in India to any place outside India; (c) the conditions subject to which persons employed as drivers and conductors of such motor vehicles may enter or leave India; (d) the grant and authentication of travelling passes, certificates or authorisations to persons employed as drivers and conductors of such motor vehicles; (e) the particulars (other than registration marks) to be exhibited by such motor vehicles and the manner in which such particulars are to be exhibited; (f) the use of trailers with such motor vehicles; 81 ----- (g) the exemption of such motor vehicles and their drivers and conductors from all or any of the provisions of this Act [other than those referred to in sub-section (4)] or the rules made thereunder; (h) the identification of the drivers and conductors of such motor vehicles; (i) the replacement of the travelling passes, certificates or authorisations, permits, licences or any other prescribed documents lost or defaced, on payment of such fee as may be prescribed; (j) the exemption from the provisions of such laws as relate to customs, police or health with a view to facilitate such road transport services; (k) any other matter which is to be, or may be, prescribed. (3) No rule made under this section shall operate to confer on any person any immunity in any State from the payment of any tax levied in that State on motor vehicles or their users. (4) Nothing in this Act or in any rule made thereunder by a State Government relating to:— (a) the registration and identification of motor vehicles, or (b) the requirements as to construction, maintenance and equipment of motor vehicles, or (c) the licensing and the qualifications of drivers and conductors of motor vehicles, shall apply— (i) to any motor vehicle to which or to any driver of a motor vehicle to whom any rules made under clause (b) or clause (c) of sub-section (1) or under sub-section (2) apply; or (ii) to any conductor of a motor vehicle to whom any rules made under sub-section (2) apply. [CHAPTER X—LIABILITY WITHOUT FAULT IN CERTAINCASES] Omitted by the Motor Vehicles (Amendment) _Act, 2019 (32 of 2019) s. 50 (w.e.f. 1-4-2022)._ **140. [Liability to pay compensation in certain cases on the principle of no fault.]—Omitted by s.** 50, ibid, (w.e.f. 1-4-2022).] **141. [Provisions as to other right to claim compensation for death or permanent disablement.]—** _Omitted by s. 50, ibid, (w.e.f. 1-4-2022).]_ **142. [Permanent disablement.]— Omitted by s. 50, ibid. (w.e.f. 1-4-2022).]** **143. [Applicability of Chapter to certain claims under Act 8 of 1923.]— Omitted by** s. 50, _ibid._ (w.e.f. 1-4-2022).] **144. [Overriding effect.]— Omitted by s. 50, ibid. (w.e.f. 1-4-2022).]** 1[CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS **145. Definitions. — In this Chapter,—** (a) “authorised insurer” means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) and any Government insurance fund authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972); (b) “certificate of insurance” means a certificate issued by an authorised insurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; 1. Subs. by Act 32 of 2019, s. 51, for ‘CHAPTER XI’ (w.e.f. 1-4-2022). 82 ----- (c) “grievous hurt” shall have the same meaning as assigned to it in section 320 of the Indian Penal Code (45 of 1860); (d) “hit and run motor accident” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose; (e) “Insurance Regulatory and Development Authority” means the Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (f) “policy of insurance” includes certificate of insurance; (g) “property” includes roads, bridges, culverts, causeways, trees, posts, milestones and baggage of passengers and goods carried in any motor vehicle; (h) “reciprocating country” means any such country as may on the basis of reciprocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Act; (i) “third party” includes the Government, the driver and any other co-worker on a transport vehicle. **146. Necessity for insurance against third party risks. —(1) No person shall use, except as a** passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter: Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991 (6 of 1991). _Explanation.—For the purposes of this sub-section, a person driving a motor vehicle merely as a paid_ employee, while there is in relation to the use of the vehicle no such policy in force as is required by this sub-section, shall not be deemed to act in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force. (2) The provisions of sub-section (1) shall not apply to any vehicle owned by the Central Government or a State Government and used for purposes not connected with any commercial enterprise. (3) The appropriate Government may, by order, exempt from the operation of sub-section (1), any vehicle owned by any of the following authorities, namely:— (a) the Central Government or a State Government, if the vehicle is used for purposes connected with any commercial enterprise; (b) any local authority; (c) any State Transport Undertaking: Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in such manner as may be prescribed by appropriate Government. _Explanation.—For the purposes of this sub-section, “appropriate Government” means the Central_ Government or a State Government, as the case may be, and— (i) in relation to any corporation or company owned by the Central Government or any State Government, means the Central Government or that State Government; (ii) in relation to any corporation or company owned by the Central Government and one or more State Governments, means the Central Government; 83 ----- (iii) in relation to any other State Transport Undertaking or any local authority, means that Government which has control over that undertaking or authority. **147. Requirement of policies and limits of liability. — (1) In order to comply with the requirements** of this Chapter, a policy of insurance must be a policy which— (a) is issued by a person who is an authorised insurer; and (b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2)— (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person including owner of the goods or his authorised representative carried in the motor vehicle or damage to any property of a third party caused by or arising out of the use of the motor vehicle in a public place; (ii) against the death of or bodily injury to any passenger of a transport vehicle, except gratuitous passengers of a goods vehicle, caused by or arising out of the use of the motor vehicle in a public place. _Explanation.—For the removal of doubts, it is hereby clarified that the death of or bodily injury_ to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place, notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) Notwithstanding anything contained under any other law for the time being in force, for the purposes of third party insurance related to either death of a person or grievous hurt to a person, the Central Government shall prescribe a base premium and the liability of an insurer in relation to such premium for an insurance policy under sub-section (1) in consultation with the Insurance Regulatory and Development Authority. (3) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected, a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases. (4) Notwithstanding anything contained in this Act, a policy of Insurance issued before the commencement of the Motor Vehicles (Amendment) Act, 2019 shall be continued on the existing terms under the contract and the provisions of this Act shall apply as if this Act had not been amended by the said Act. (5) Where a cover note issued by the insurer under the provisions of this Chapter or the rules or regulations made thereunder is not followed by a policy of insurance within the specified time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority or to such other authority as the State Government may prescribe. (6) Notwithstanding anything contained in any other law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons. **148. Validity of policies of insurance issued in reciprocating countries. — Where, in pursuance of** an arrangement between India and any reciprocating country, the motor vehicle registered in the reciprocating country operates on any route or within any area common to the two countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance for the time being in force in that country, then, notwithstanding anything contained in section 147 but subject to any rules which may be made under section 164B such policy of insurance shall be effective throughout the route or area in respect of which the arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapter. 84 ----- **149. Settlement by insurance company and procedure therefor. — (1) The insurance company** shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the claims relating to such accident. (2) An officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such details, within thirty days and after following such procedure as may be prescribed by the Central Government. (3) If, the claimant to whom the offer is made under sub-section (2),— (a) accepts such offer,— (i) the Claims Tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and (ii) the payment shall be made by the insurance company within a maximum period of thirty days from the date of receipt of such record of settlement; (b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to adjudicate such claim on merits. **150. Duty of insurers to satisfy judgments and awards against persons insured in respect of** **third party risks. — (1) If, after a certificate of insurance has been issued under sub-section (3) of** section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 164 is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the award any sum not exceeding the sum assured payable thereunder, as if that person were the decree holder, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments. (2) No sum shall be payable by an insurer under sub-section (1) in respect of any judgment or award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the Claims Tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as its execution is stayed pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto, and to defend the action on any of the following grounds, namely:— (a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:–– (i) a condition excluding the use of the vehicle— (A) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward; or (B) for organised racing and speed testing; or (C) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle; or (D) without side-car being attached where the vehicle is a two-wheeled vehicle; or (ii) a condition excluding driving by a named person or by any person who is not duly licenced or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification or driving under the influence of alcohol or drugs as laid down in section 185; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by nondisclosure of any material fact or by representation of any fact which was false in some material particular; or (c) that there is non-receipt of premium as required under section 64VB of the Insurance Act, 1938 (4 of 1938). (3) Where any such judgment or award as is referred to in sub-section (1) is obtained from a court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not that 85 ----- person is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment or award were given by a court in India: Provided that no sum shall be payable by the insurer in respect of any such judgment or award unless, before the commencement of the proceedings in which the judgment or award is given, the insurer had notice through the court concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in sub-section (2). (4) Where a certificate of insurance has been issued under sub-section (3) of section 147 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby, by reference to any condition other than those in sub-section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub-section (1) of section 147, be of no effect. (5) No insurer to whom the notice referred to in sub-section (2) or sub-section (3) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award as is referred to in sub-section (1) or in such judgment as is referred to in sub-section (3) otherwise than in the manner provided for in sub-section (2) or in the corresponding law of the reciprocating country, as the case may be. (6) If on the date of filing of any claim, the claimant is not aware of the insurance company with which the vehicle had been insured, it shall be the duty of the owner of the vehicle to furnish to the tribunal or court the information as to whether the vehicle had been insured on the date of the accident, and if so, the name of the insurance company with which it is insured. _Explanation.—For the purposes of this section,—_ (a) “award” means an award made by the Claims Tribunal under section 168; (b) “Claims Tribunal” means a Claims Tribunal constituted under section 165; (c) “liability covered by the terms of the policy” means the liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy; and (d) “material fact” and “material particular” mean, respectively, a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether he shall take the risk and, if so, at what premium and on what conditions. **151. Rights of third party against insurers on insolvency of insured. — (1) Where under any** contract of insurance affected in accordance with the provisions of this Chapter, a person is insured against liabilities which he may incur to third party, then— (a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors; or (b) where the insured person is a company, in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to the company or of a receiver or manager of the company’s business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order for the administration of the estate of a deceased debtor is made according to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the deceased debtor’s rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the person to whom the debt is owing. (3) Any condition in a policy issued for the purposes of this Chapter purporting, either directly or indirectly, to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency, shall be of no effect. 86 ----- (4) Upon a transfer under sub-section (1) or sub-section (2), the insurer shall be under the same liability to the third party as he would have been to the insured person, but— (a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess amount; and (b) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the third party against the insured person in respect of the balance amount. **152. Duty to give information as to insurance. —(1) No person against whom a claim is made in** respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall, on demand by or on behalf of the person making the claim, refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof. (2) In the event of any person becoming insolvent or making an arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to any company or of a receiver or manager of the company’s business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the deceased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give, on the request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provision of this Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 151 and for the purpose of enforcing such rights, if any, and any such contract of insurance as purports whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect. (3) If, from the information given to any person in pursuance of sub-section (2) or otherwise, he has reasonable ground for supporting that there have or may have been transferred to him under this Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the persons therein mentioned. (4) The duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken. **153. Settlement between insurers and insured persons. — (1) No settlement made by an insurer in** respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement. (2) The Claims Tribunal shall ensure that the settlement is bona fide and was not made under undue influence and the compensation is made in accordance with the payment schedule referred to in sub-section (1) of section 164. (3) Where a person who is insured under a policy issued for the purpose of this Chapter has become insolvent, or where, if such insured person is a company, a winding-up order has been made or a resolution for a voluntary winding-up has been passed with respect to the company, no agreement made between the insurer and the insured person after the liability has been incurred to a third party and after the commencement of the insolvency or winding-up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid, 87 ----- shall be effective to defeat the rights transferred to the third party under this Chapter; but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made. **154. Saving in respect of sections 151, 152 and 153. — (1) For the purposes of sections 151, 152** and 153, a reference to “liabilities to third parties” in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance. (2) The provisions of sections 151, 152 and 153 shall not apply where a company is wound-up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company. **155. Effect of death on certain causes of action. —Notwithstanding anything contained in section** 306 of the Indian Succession Act, 1925, (39 of 1925) the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of such event against his estate or against the insurer. **156. Effect of certificate of insurance. — When an insurer has issued a certificate of insurance in** respect of a contract of insurance between the insurer and the insured person, then— (a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and (b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate. **157. Transfer of certificate of insurance. — (1) Where a person, in whose favour the certificate of** insurance has been issued in accordance with the provisions of this Chapter, transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. _Explanation.—For the removal of doubts, it is hereby clarified that such deemed transfer shall include_ transfer of rights and liabilities of the said certificate of insurance and policy of insurance. (2) The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour, and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance. **158. Production of certain certificates, licence and permit in certain cases.—(1) Any person** driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Government, produce— (a) the certificate of insurance; (b) the certificate of registration; (c) the pollution under control certificate; (d) the driving licence; (e) in the case of a transport vehicle, also the certificate of fitness referred to in section 56, and the permit; and (f) any certificate or authorisation of exemption that has been granted under this Act, relating to the use of the vehicle. 88 ----- (2) Where, owing to the presence of a motor vehicle in a public place, an accident occurs involving death or bodily injury to another person, if the driver of the vehicle does not at that time produce the required certificate, driving licence and permit referred to in sub-section (1) to a police officer, he or the owner shall produce the said certificates, licence and permit at the police station at which the driver makes the report required by section 134. (3) No person shall be liable to conviction for offences under sub-section (1) or sub-section (2) by reason of the failure to produce the required certificate if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer-in-charge of the police station at which he reported the accident: Provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle. (4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the State Government for the purpose of determining whether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under this section to produce the certificate of insurance. (5) In this section, the expression “produce the certificate of insurance” means production for examination the relevant certificate of insurance or such other evidence as may be prescribed to prove that the vehicle was not being driven in contravention of section 146. **159. Information to be given regarding accident.—The police officer shall, during the** investigation, prepare an accident information report to facilitate the settlement of claim in such form and manner, within three months and containing such particulars and submit the same to the Claims Tribunal and such other agency as may be prescribed. **160. Duty to furnish particulars of vehicle involved in accident. —A registering authority or the** officer-in-charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee, any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it and the property, if any, damaged in such form and within such time as the Central Government may prescribe. **161. Special provisions as to compensation in case of hit and run motor accident. — (1)** Notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the Central Government shall provide for paying in accordance with the provisions of this Act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents. (2) Subject to the provisions of this Act and the scheme made under sub-section (3), there shall be paid as compensation,— (a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the Central Government; (b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government. (3) The Central Government may, by notification in the Official Gazette, make a scheme specifying the manner in which the scheme shall be administered by the Central Government or General Insurance Council, the form, manner and the time within which applications for compensation may be made, the officers or authorities to whom such applications may be made, the procedure to be followed by such officers or authorities for considering and passing orders on such applications, and all other matters 89 ----- connected with, or incidental to, the administration of the scheme and the payment of compensation under this section. (4) A scheme made under sub-section (3) may provide that,— (a) a payment of such sum as may be prescribed by the Central Government as interim relief to any claimant under such scheme; (b) a contravention of any provision thereof shall be punishable with imprisonment which may extend to two years, or with fine which shall not be less than twenty-five thousand rupees but may extend to five lakh rupees or with both; (c) the powers, functions or duties conferred or imposed on any officer or authority by such scheme may be delegated with the prior approval in writing of Central Government, by such officer or authority to any other officer or authority. **162. Scheme for golden hour. — (1) Notwithstanding anything contained in the General Insurance** Companies (Nationalisation) Act, 1972 (57 of 1972) or any other law for the time being in force or any instrument having the force of law, the insurance companies for the time being carrying on general insurance business in India shall provide in accordance with the provisions of this Act and the schemes made under this Act for treatment of road accident victims, including during the golden hour. (2) The Central Government shall make a scheme for the cashless treatment of victims of the accident during the golden hour and such scheme may contain provisions for creation of a fund for such treatment. **163. Refund in certain cases of compensation paid under section 161. — (1) The payment of** compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any other law for the time being in force or otherwise, so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161, shall be refunded to the insurer. (2) Before awarding compensation in respect of an accident involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle under any provision of this Act other than section 161 or any other law for the time being in force, the Claims Tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury compensation has already been paid under section 161 or an application for payment of compensation is pending under that section, and such Tribunal, court or other authority shall— (a) if compensation has already been paid under section 161, direct the person liable to pay the compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in accordance with the provisions of sub-section (1); (b) if an application for payment of compensation is pending under section 161 forward the particulars as to the compensation awarded by it to the insurer. _Explanation.—For the purpose of this sub-section, an application for compensation under section 161_ shall be deemed to be pending— (i) if such application has been rejected, till the date of the rejection of the application; and (ii) in any other case, till the date of payment of compensation in pursuance of the application. **164. Payment of compensation in case of death or grevious hurt, etc. — (1) Notwithstanding** anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be. 90 ----- (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person. (3) Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section. **164A. Scheme for interim relief for claimants.—(1) The Central Government, may make schemes** for the provision of interim relief to claimants praying for compensation under this Chapter. (2) A scheme made under sub-section (1) shall also provide for procedure to recover funds disbursed under such scheme from the owner of the motor vehicle, where the claim arises out of the use of such motor vehicle or other sources as may be prescribed by the Central Government. **164B. Motor Vehicle Accident Fund. — (1) The Central Government shall constitute a Fund to be** called the Motor Vehicle Accident Fund and thereto shall be credited— (a) payment of a nature notified and approved by the Central Government; (b) any grant or loan made to the Fund by the Central Government; (c) the balance of the Fund created under scheme framed under section 163, as it stood immediately before the commencement of the Motor Vehicles (Amendment) Act, 2019; and (d) any other source of income as may be prescribed by the Central Government. (2) The Fund shall be constituted for the purpose of providing compulsory insurance cover to all road users in the territory of India. (3) The Fund shall be utilised for the following, namely:— (a) treatment of the persons injured in road accidents in accordance with the scheme framed by the Central Government under section 162; (b) compensation to representatives of a person who died in hit and run motor accident in accordance with schemes framed under section 161; (c) compensation to a person grievously hurt in a hit and run motor accident in accordance with schemes framed under section 161; and (d) compensation to such persons as may be prescribed by the Central Government. (4) The maximum liability amount that shall be paid in each case shall be such as may be prescribed by the Central Government. (5) In all cases specified in clause (a) of sub-section (3), when the claim of such person becomes payable, where amount has been paid out of this Fund to any person, the same amount shall be deductible from the claim received by such person from the insurance company. (6) The Fund shall be managed by such authority or agency as the Central Government may specify having regard to the following:— (a) knowledge of insurance business of the agency; (b) capability of the agency to manage funds; and (c) any other criteria as may be prescribed by the Central Government. 91 ----- (7) The Central Government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Fund in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (8) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him. (9) The Comptroller and Auditor-General of India or any person appointed by him in connection with the audit of the accounts of the Fund under this Act shall have the same rights, privileges and authority in connection with such 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. (10) The accounts of the Fund, 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 the Central Government shall cause the same to be laid before each House of the Parliament. (11) Any scheme framed under sub-section (3) of section 161, as it stood immediately before the commencement of the Motor Vehicles (Amendment) Act, 2019, shall be discontinued and all rights and liabilities accruing thereunder shall be met out of the Fund with effect from the date of commencement of this Act. **164C. Power of Central Government to make rules. — (1) The Central Government may make** rules for the purposes of carrying into effect, the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the forms to be used for the purposes of this Chapter including,— (i) the form of the insurance policy and the particulars it shall contain as referred to in sub-section (3) of section 147; (ii) the form for making changes in regard to the fact of transfer in the certificate of insurance under sub-section (2) of section 157; (iii) the form in which the accident information report may be prepared, the particulars it shall contain, the manner and the time for submitting the report to the Claims Tribunal and the other agency under section 159; (iv) the form for furnishing information under section 160; and (v) the form of the annual statement of accounts for the Motor Vehicle Accident Fund under sub-section (7) of section 164B; (b) the making of applications for and the issue of certificates of insurance; (c) the issue of duplicates to replace certificates of insurance lost, destroyed or mutilated; (d) the custody, production, cancellation and surrender of certificates of insurance; 92 ----- (e) the records to be maintained by insurers of policies of insurance issued under this Chapter; (f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this Chapter; (g) the furnishing of information respecting policies of insurance by insurers; (h) adopting the provisions of this Chapter to vehicles brought into India by persons making only a temporary stay therein or to vehicles registered in a reciprocating country and operating on any route or within any area in India by applying those provisions with prescribed modifications; (i) the requirements which a certificate of insurance is required to comply with as referred to in clause (b) of section 145; (j) administration of the Fund established under sub-section (3) of section 146; (k) the minimum premium and the maximum liability of an insurer under sub-section (2) of section 147; (l) the conditions subject to which an insurance policy shall be issued and other matters related thereto as referred to in sub-section (3) of section 147; (m) the details of settlement, the time limit for such settlement and the procedure thereof under sub-section (2) of section 149; (n) the extent of exemptions and the modifications under the proviso to sub-section (3) of section 158; (o) the other evidence under sub-section (5) of section 158; (p) such other agency to which the accident information report as referred to in section 159 may be submitted; (q) the time limit and fee for furnishing information under section 160; (r) the higher amount of compensation in respect of death under clause (a) of sub-section (2) of section 161; (s) a sum to be paid as interim relief as referred to in clause (a) of sub-section (4) of section 161; (t) the procedure for payment of compensation under sub-section (1) of section 164; (u) such other sources from which funds may be recovered for the scheme as referred to in sub-section (2) of section 164A; (v) any other source of income that may be credited into the Motor Vehicle Accident Fund under sub-section (1) of section 164B; (w) the persons to whom compensation may be paid under clause (d) of sub-section (3) of section 164B; (x) the maximum liability amount under sub-section (4) of section 164B; (y) the other criteria under clause (c) of sub-section (6) of section 164B; 93 ----- (z) any other matter which is to be, or may be, prescribed or in respect of which provision is to be made by rules. **164D. Power of State Government to make rules. — (1) The State Government may make rules for** the purposes of carrying into effect, the provisions of this Chapter other than the matters specified in section 164C. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the other authority under sub-section (5) of section 147; and (b) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.] CHAPTER XII CLAIMS TRIBUNALS **165. Claims Tribunals.—(1) A State Government may, by notification in the Official Gazette,** constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. _Explanation.—For the removal of doubts, it is hereby declared that the expression “claims for_ compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under [1][section 164]. (2) A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof. (3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he— (a) is, or has been, a Judge of a High Court, or (b) is, or has been, a District Judge, or (c) is qualified for appointment as a Judge of a High Court [2][or as a District Judge]. (4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them. **166. Application for compensation.—(1) An application for compensation arising out of an accident** of the nature specified in sub-section (1) of section 165 may be made— (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application. 1. Subs. by Act 32 of 2019, s. 52, for “section 140 and section 163A” (w.e.f. 1-4-2022). 2. Added by Act 54 of 1994, s. 52 (w.e.f. 14-11-1994). 94 ----- 1[Provided further that where a person accepts compensation under section 164 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.] 2[(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed: 3* - - - *.] 4[(3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.] 5[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under 6[section 159] as an application for compensation under this Act.] 7[(5) Notwithstanding anything in this Act or any other law for the time being in force, the right of a person to claim compensation for injury in an accident shall, upon the death of the person injured, survive to his legal representatives, irrespective of whether the cause of death is relatable to or had any nexus with the injury or not.] **167. Option regarding claims for compensation in certain cases.—Notwithstanding anything** contained in the Workmen’s Compensation Act, 1923 (8 of 1923), where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen’s Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both. **168. Award of the Claims Tribunal.—(1) On receipt of an application for compensation made** under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of [8][section 163] may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be: 9* - - - (2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. (3) When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct. **169. Procedure and powers of Claims Tribunals.—(1) In holding any inquiry under section 168,** the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit. (2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims 1. Ins. by Act 32 of 2019, s. 53 (w.e.f. 1-4-2022). 2. Subs. by Act 54 of 1994, s. 53, for sub-section (2) (w.e.f. 14-11-1994). 3. Proviso omitted by Act 32 of 2019, s. 53, (w.e.f. 1-4-2022). 4. Ins. by Act 32 of 2019, s. 53, (w.e.f. 1-4-2022), Earlier sub-section (3) omitted by Act 54 of 1994, s. 53, (w.e.f. 14-11-1994). 5. Subs. by Act 54 of 1994, s. 53, for sub-section (4) (w.e.f. 14-11-1994). 6. Subs. by Act 32 of 2019, s. 53, for “sub-section (6) of section 158” (w.e.f. 1-4-2022). 7. Ins. by s. 53, ibid. (w.e.f. 1-4-2022). 8. Subs. by s. 54, ibid, for “section 162” (w.e.f. 1-4-2022). 9. Proviso omitted by s. 54, ibid, (w.e.f. 1-4-2022). 95 ----- 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). (3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry. 1[(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908, as if the award were a decree for the payment of money passed by such court in a civil suit.] **170. Impleading insurer in certain cases.—Where in the course of any inquiry, the Claims Tribunal** is satisfied that— (a) there is collusion between the person making the claim and the person against whom the claim is made, or (b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of [2][section 150], the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. **171. Award of interest where any claim is allowed.—Where any Claims Tribunal allows a claim** for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf. **172. Award of compensatory costs in certain cases.—(1) Any Claims Tribunal adjudicating upon** any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that— (a) the policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or (b) any party or insurer has put forward a false or vexatious claim or defence, such Tribunal may make an order for the payment, by the party who is guilty of mis-representation or by whom such claim or defence has been put forward of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward. (2) No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees. (3) No person or insurer against whom an order has been made under this section shall, by reason thereof be exempted from any criminal liability in respect of such mis-representation, claim or defence as is referred to in sub-section (1). (4) Any amount awarded by way of compensation under this section in respect of any mis-representation, claim or defence, shall be taken into account in any subsequent suit for damages for compensation in respect of such mis-representation, claim or defence. **173. Appeals.—(1) Subject to the provisions of sub-section (2), any person aggrieved by an award of** a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court: 1. Ins. by Act 32 of 2019, s. 55, (w.e.f. 1-4-2022). 2. Subs. by s. 56, ibid., for “section 149” (w.e.f. 1-4-2022). 96 ----- Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than [1][one lakh] rupees. **174. Recovery of money from insurer as arrear of land revenue.—Where any amount is due from** any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue. **175. Bar on jurisdiction of Civil Courts.—Where any Claims Tribunal has been constituted for any** area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court. **176. Power of State Government to make rules.—A State Government may make rules for the** purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:— (a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such applications; (b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; (c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; (d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a Claims Tribunal; and (e) any other matter which is to be, or may be, prescribed. CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE **177. General provision for punishment of offences.—Whoever contravenes any provision of this** Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to [2][five hundred rupees], and for any second or subsequent offence with fine which may extend to [3][one thousand and five hundred rupees]. 4[177A. Penalty for contravention of regulations under section 118.—Whoever contravenes the regulations made under section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees.] **178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of** **conductor and refusal to ply contract carriage, etc.—(1) Whoever travels in a stage carriage without** having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefor, shall be punishable with fine which may extend to five hundred rupees. _Explanation.—In this section, “pass” and “ticket” have the meanings respectively assigned to them in_ section 124. (2) If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is— 1. Subs. by Act 32 of 2019, s. 57, for “ten thousand” (w.e.f. 1-4-2022). 2. Subs. by Act 32 of 2019, s. 58, for “one hundred rupees” (w.e.f. 1-9-2019). 3. Subs. by s. 58, ibid., for “three hundred rupees” (w.e.f. 1-9-2019). 4. Ins. by s. 59, ibid. (w.e.f. 1-9-2019). 97 ----- (a) to supply a ticket to a person travelling in a stage carriage on payment of fare by such person, either wilfully or negligently,— (i) fails or refuses to accept the fare when tendered, or (ii) fails or refuses to supply a ticket, or (iii) supplies an invalid ticket, or (iv) supplies a ticket of a lesser value, or (b) to check any pass or ticket, either wilfully or negligently fails or refuses to do so, he shall be punishable with fine which may extend to five hundred rupees. (3) If the holder of a permit or the driver of a contract carriage refuses, in contravention of the provisions of this Act or rules made thereunder, to ply the contract carriage or to carry the passengers, he shall,— (a) in the case of two-wheeled or three-wheeled motor vehicles, be punishable with fine which may extend to fifty rupees; and (b) in any other case, be punishable with fine which may extend to [1][five hundred rupees]. **179. Disobedience of orders, obstruction and refusal of information.—(1) Whoever wilfully** disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to [2][two thousand rupees]. (2) Whoever, being required by or under this Act to supply any information, wilfully withholds such information or gives information which he knownto be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to [2][two thousand rupees], or with both. **180. Allowing unauthorised persons to drive vehicles.—Whenever, being the owner or person in** charge of a motor vehicle, causes, or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine [3][of five thousand rupees], or with both. **181. Driving vehicles in contravention of section 3 or section 4.—Whoever, drives a motor vehicle** in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine [4][of five thousand rupees], or with both. **182. Offences relating to licences.—(1) Whoever, being disqualified under this Act for holding or** obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with fine [5][of ten thousand rupees] or with both, and any driving licence so obtained by him shall be of no effect. (2) Whoever, being disqualified under this Act for holding or obtaining a conductor’s licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor’s licence or, not being entitled to have a conductor’s licence issued to him free of endorsement, applies for or obtains a conductor’s licence without disclosing the endorsements made on a conductor’s licence previously held by him, shall be punishable with imprisonment for a term which may extend to one month, or with fine 1. Subs. by Act 32 of 2019, s. 60, for “two hundred rupees” (w.e.f. 1-9-2019). 2. Subs. by s. 61, ibid., for “five hundred rupees” (w.e.f. 1-9-2019). 3. Subs. by s. 62, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 4. Subs. by s. 63, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 5. Subs. by s. 64, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 98 ----- which may extend to [1][ten thousand rupees], or with both, and any conductor’s licence so obtained by him shall be of no effect. **2[182A. Punishment for offences relating to construction, maintenance, sale and alteration of** **motor vehicles and components.—(1) Whoever, being a manufacturer, importer or dealer of motor** vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both: Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contravention of the provisions of Chapter VII or the rules and regulations made thereunder. (2) Whoever, being a manufacturer of motor vehicles, fails to comply with the provisions of Chapter VII or the rules and regulations made thereunder, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one hundred crore rupees or with both. (3) Whoever, sells or offers to sell, or permits the sale of any component of a motor vehicle which has been notified as a critical safety component by the Central Government and which does not comply with Chapter VII or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine of one lakh rupees per such component or with both. (4) Whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both. **182B. Punishment for contravention of section 62A.—Whoever contravenes the provisions of** section 62A, shall be punishable with fine which shall not be less than five thousand rupees, but may extend to ten thousand rupees.] **183. Driving at excessive speed, etc.—(1) Whoever, drives [3][or causes any person who is employed** by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable [4][in the following manner, namely:— (i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees; (ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and (iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) of section 206.] 5* - - - (3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical [6][or electronic] device. (4) The publication of a time table under which, or the giving of any direction that, any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the 1. Subs. by Act 32 of 2019, s. 64, for “one hundred rupees” (w.e.f. 1-9-2019). 2. Subs. by s. 65, ibid., for section 182A (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 66 (w.e.f. 1-9-2019). 4. Subs. by s. 66, ibid., for the certain words (w.e.f. 1-9-2019). 5. Sub-section (2) omitted by s. 66, ibid. (w.e.f. 1-9-2019). 6. Ins. by s. 66, ibid. (w.e.f. 1-9-2019). 99 ----- specified time without contravening the speed limits referred to in section 112 be _prima facie evidence_ that the person who published the time table or gave the direction has committed an offence punishable under [1][sub-section (1)]. **184. Driving dangerously.—Whoever drives a motor vehicle at a speed or in a manner which is** dangerous to the public [2][or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads,] having regard to all the circumstances of case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term [3][which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both], and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine [4][of ten thousand rupees], or with both. 5[Explanation.—For the purpose of this section,— (a) jumping a red light; (b) violating a stop sign; (c) use of handheld communications devices while driving; (d) passing or overtaking other vehicles in a manner contrary to law; (e) driving against the authorised flow of traffic; or (f) driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous, shall amount to driving in such manner which is dangerous to the public.] **185. Driving by a drunken person or by a person under the influence of drugs.—Whoever, while** driving, or attempting to drive, a motor vehicle,— 6[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, [7][or in any other test including a laboratory test,] or] (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine [8][of ten thousand rupees], or with both; and for a second or subsequent offence, [9]*** with imprisonment for term which may extend to two years, or with fine [10][of fifteen thousand rupees], or with both. 11[Explanation.—For the purposes of this section, the expression “drug” means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).] 1. Subs. by 32 of 2019, s. 66, for “sub-section (2)” (w.e.f. 1-9-2019). 2. Ins. by s. 67, ibid. (w.e.f. 1-9-2019). 3. Subs. by Act 32 of 2019, s. 67, for “which may extend to six months, or with fine which may extend to one thousand rupees” (w.e.f. 1-9-2019). 4. Subs. by s. 67, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019). 5. Ins. by s. 67, ibid. (w.e.f. 1-9-2019). 6. Subs. by Act 54 of 1994, s. 55, for clause (a) (w.e.f. 14-11-1994). 7. Ins. by Act 32 of 2019, s. 68 (w.e.f. 1-9-2019). 8. Subs. by s. 68, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019). 9. The words “if committed within three years of the commission of the previous similar offence,” omitted by s. 68, ibid. (w.e.f. 1-9-2019). 10. Subs. by s. 68, ibid., for “which may extend to three thousand rupees” (w.e.f. 1-9-2019). 11. Subs. by s. 68, ibid., for the Explanation (w.e.f. 1-9-2019). 100 ----- **186. Driving when mentally or physically unfit to drive.—Whoever drives a motor vehicle in any** public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with fine which may extend to [1][one thousand rupees] and for a second or subsequent offence with fine which may extend to [2][two thousand rupees]. **187. Punishment for offences relating to accident.—Whoever fails to comply with the provisions** of clause [3][(a)] of sub-section (1) of section 132 or section 133 or section 134 shall be punishable with imprisonment for a term which may extend to [4][six months], or with fine [5][of five thousand rupees], or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to [6][one year], or with fine [7][of ten thousand rupees], or with both. **188. Punishment for abetment of certain offences.—Whoever abets the commission of an offence** under section 184, section 185 or section 186 shall be punishable with the punishment provided for the offence. **189. Racing and trials of speed.—Whoever without the written consent of the State Government** permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to [8][three months], or with fine [9][of five thousand rupees], or with both [10][and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both.] **190. Using vehicle in unsafe condition.—(1) Any person who drives or causes or allows to be driven** in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine [11][of one thousand five hundred rupees] or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months, or with fine [12][of five thousand rupees], or with both [13][and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property]. (2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with [14][imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with [15][imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both]. (3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence [16][with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with 1. Subs. by Act 32 of 2019, s. 69, for “two hundred rupees” (w.e.f. 1-9-2019). 2. Subs. by s. 69, ibid., for “five hundred rupees” (w.e.f. 1-9-2019). 3. Subs. by s. 70, ibid., for “(c)” (w.e.f. 1-9-2019). 4. Subs. by s. 70, ibid., for “three months” (w.e.f. 1-9-2019). 5. Subs. by s. 70, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 6. Subs. by s. 70, ibid., for “six months” (w.e.f. 1-9-2019). 7. Subs. by s. 70, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 8. Subs. by s. 71, ibid., for “one month” (w.e.f. 1-9-2019). 9. Subs. by s. 71, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 10. Ins. by s. 71, ibid. (w.e.f. 1-9-2019). 11. Subs. by s. 72, ibid., for “which may extend to two hundred and fifty rupees” (w.e.f. 1-9-2019). 12. Subs. by s. 72, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 13. Ins. by s. 72, ibid. (w.e.f. 1-9-2019). 14. Subs. by s. 72, ibid., for “a fine of one thousand rupees” (w.e.f. 1-9-2019). 15. Subs. by s. 72, ibid., for “a fine of two thousand rupees” (w.e.f. 1-9-2019). 16. Subs. by s. 72, ibid., for “which may extend to three thousand rupees” (w.e.f. 1-9-2019). 101 ----- imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine [1][of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both. [191. Sale of vehicle in or alteration of vehicle to condition contravening this Act.]—Omitted by Act The Motor _Vehicles (Amendment) Act, 2019 (32 of 2019), s. 73 (w.e.f. 1-9-2019)._ 2[192. Using vehicle without registration.—(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both: Provided that the court may, for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the persons using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 3[Explanation.—Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section (1).] **STATE AMENDMENT** **Rajasthan** **Amendment of Section 192, Central Act 59 of 1988.—In Section 192 of the Motor Vehicles Act, 1988 (Central** Act 59 of 1988), in its application to the State of Rajasthan, hereinafter referred to as the Principal Act, (a) in sub-section (1), for the expression “with fine which may extend to two thousand rupees” as occurring between the expression “punishable for the first offence” and the expression “and for any second or subsequent offence”, the expression “with fine which shall not be less than five thousand rupees” and for the expression “with fine which may extend to three thousand rupees” as occurring between the expression “which may extend to six months or” and the expression “or with both”, the expression “with fine which shall not be less than ten thousand rupees” shall be substituted, and (b) After sub-section (1) as so amended, the following proviso shall be inserted, namely:-“Provided that, in a case of contravention of the provision of section 39 or of any condition of the permit relating to the maximum number of passengers or maximum weight of luggage that may be carried on the vehicle, the court may for any adequate or special reason to be mentioned in the judgment, impose a fine less than that laid down in this subsection.” # [Vide Rajasthan Act 2 of 1993, s. 2] **192A. Using vehicle without permit.—(1) Whoever drives a motor vehicle or causes or allows a** motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with [4][imprisonment for a term which may extend to six months and] a fine [5][of ten thousand rupees] and for any subsequent offence with imprisonment which may extend to one year but shall not be less than [6][six months] or with fine [7][of ten thousand rupees] or with both: Provided that the court may for reasons to be recorded, impose a lesser punishment. (2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: 1. Subs. by Act 32 of 2019, s. 72, for “which may extend to five thousand rupees” (w.e.f. 1-9-2019). 2. Subs. by Act 54 of 1994, s. 56, for section 192 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 74 (w.e.f. 1-10-2020). 4. Ins. by Act 32 of 2019, s. 75 (w.e.f. 1-9-2019). 5. Subs. by s. 75, _ibid., for, “which may extend to five thousand rupees but shall not be less than two thousand rupees”_ (w.e.f. 1-9-2019). 6. Subs. by s. 75, ibid., for “three months” (w.e.f. 1-9-2019). 7. Subs. by s. 75, _ibid., for “which may extend to ten thousand rupees but shall not be less than five thousand rupees”_ (w.e.f. 1-9-2019). 102 ----- Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use. (3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.] **1[192B. Offences relating to registration.—(1) Whoever, being the owner of a motor vehicle, fails to** make an application for registration of such motor vehicle under sub-section (1) of section 41 shall be punishable with fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle whichever is higher. (2) Whoever, being a dealer, fails to make an application for the registration of a new motor vehicle under the second proviso to sub-section (1) of section 41 shall be punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor vehicle whichever is higher. (3) Whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of the annual road tax or two-third the lifetime tax of the motor vehicle, whichever is higher. (4) Whoever, being a dealer, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration shall be punishable with imprisonment for a term which shall not be less than six months but may extend to one year and with fine equal to ten times the amount of annual road tax or twothird the lifetime tax of the motor vehicle, whichever is higher.] **193. Punishment of [2][agents, canvassers and aggregators] without proper authority.—Whoever** engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine [3][of one thousand rupees] and for any second or subsequent offence with imprisonment which may extend to six months, or with fine [4][of two thousand rupees], or with both. 5[(2) Whoever engages himself as an aggregator in contravention of the provisions of section 93 or of any rules made there under shall be punishable with fine up to one lakh rupees but shall not be less than twenty-five thousand rupees. (3) Whoever, while operating as an aggregator contravenes a condition of the licence granted under sub-section (1) of section 93, not designated by the State Government as a material condition, shall be punishable with fine of five thousand rupees.] **194. Driving vehicle exceeding permissible weight.—[6][(1) Whoever drives a motor vehicle or** causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with [7]*** fine [8][of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for off-loading of the excess load.] 9[Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.] 1. Ins. by Act 32 of 2019, s. 76 (w.e.f. 1-4-2021). 2. Subs. by s. 77, ibid., for “agents and canvassers” (w.e.f. 1-4-2021). 3. Subs. by s. 77, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 4. Subs. by s. 77, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019). 5. Ins. by s. 77, ibid, (w.e.f. 1-4-2021). 6. Subs. by Act 54 of 1994, s. 57, for sub-section (1) (w.e.f. 14-11-1994). 7. The word “minimum” omitted by Act 32 of 2019, s. 78 (w.e.f. 1-9-2019). 8. Subs. by s. 78, ibid., for “of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load” (w.e.f. 1-9-2019). 9. Ins. by s. 78. ibid. (w.e.f. 1-9-2019). 103 ----- 9[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load: Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit: Provided further that nothing in this sub-section shall apply when such motor vehicle has been given an exemption by the competent authority authorised in this behalf, by the State Government or the Central Government, allowing the carriage of a particular load.] (2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine [1][of forty thousand rupees]. 2[194A. Carriage of excess passengers.—Whoever drives a transport vehicle or causes or allows a transport vehicle to be driven while carrying more passengers than is authorised in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger: Provided that such transport vehicle shall not be allowed to move before the excess passengers are off-loaded and an alternative transport is arranged for such passengers. **194B. Use of safety belts and the seating of children.—(1) Whoever drives a motor vehicle without** wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees: Provided that the State Government, may by notification in the Official Gazette, exclude the application of this sub-section to transport vehicles to carry standing passengers or other specified classes of transport vehicles. (2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees. **194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders.—** Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 128 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months. **194D. Penalty for not wearing protective headgear.—Whoever drives a motor cycle or causes or** allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months. **194E. Failure to allow free passage to emergency vehicles.—Whoever while driving a motor** vehicle fails to draw to the side of the road, on the approach of a fire service vehicle or of an ambulance or other emergency vehicle as may be specified by the State Government, shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees or with both. **194F. Use of horns and silence zones.—Whoever—** (a) while driving a motor vehicle— 1. Subs. by Act 32 of 2019, s. 78, for “which may extend to three thousand rupees” (w.e.f. 1-9-2019). 2. Ins. by s. 79, ibid. (w.e.f. 1-9-2019). 104 ----- (i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or (ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or (b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other than through the silencer, shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees.] **195. [Imposition of minimum fine under certain circumstances.]—Omitted by Act The Motor Vehicles** _(Amendment) Act, 2019 (32 of 2019), s. 80 (w.e.f. 1-9-2019)._ **196. Driving uninsured vehicle.—Whoever drives a motor vehicle or causes or allows a motor** vehicle to be driven in contravention of the provisions of section 146 shall be punishable [1][for the first offence] with imprisonment which may extend to three months, or with fine [2][of two thousand rupees], or with both [1][, and for a subsequent offence shall be punishable with imprisonment for a term which may extend to three months, or with fine of four thousand rupees, or with both.] **197. Taking vehicle without authority.—(1) Whoever takes and drives away any motor vehicle** without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine [3][of five thousand rupees], or with both. Provided that no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor. (2) Whoever, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of a motor vehicle, shall be punishable with imprisonment which may extend to three months, or with fine [3][of five thousand rupees], or with both. (3) Whoever attempts to commit any of the acts referred to in sub-section (1) or sub-section (2) in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1) or, as the case may be, sub-section (2). **198. Unauthorised interference with vehicle.—Whoever otherwise than with lawful authority or** reasonable execuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable [4][with fine of one thousand rupees]. 5[198A. Failure to comply with standards for road design, construction and maintenance.—(1) Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time. (2) Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund constituted under section 164B. (3) For the purposes of sub-section (2), the court shall in particular have regard to the following matters, namely:— (a) the characteristics of the road, and the nature and type of traffic which was reasonably expected to use it as per the design of road; 1. Ins. by Act 32 of 2019, s. 81. (w.e.f. 1-9-2019). 2. Subs. by s. 81, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). 3. Subs. by s. 82, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 4. Subs. by s. 83, ibid., for “with fine which may extend to one hundred rupees” (w.e.f 1-9-2019). 5. Ins. by s. 84, ibid. (w.e.f. 1-9-2019). 105 ----- (b) the standard of maintenance norms applicable for a road of that character and use by such traffic; (c) the state of repair in which road users would have expected to find the road; (d) whether the designated authority responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users; (e) whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose; (f) whether adequate warning notices through road signs, of its condition had been displayed; and (g) such other matters as may be prescribed by the Central Government. _Explanation.—For the purposes of this section, the term “contractor” shall include sub-contractors_ and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road.] **199. 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 contravention and 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 this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, 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[199A. Offences by juveniles.—(1) Where an offence under this Act has been committed by a** juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render such guardian or owner 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. _Explanation.—For the purposes of this section, the Court shall presume that the use of the motor_ vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as the case may be. (2) In addition to the penalty under sub-section (1), such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with a fine of twenty-five thousand rupees. (3) The provisions of sub-section (1) and sub-section (2) shall not apply to such guardian or owner if the juvenile committing the offence had been granted a learner's licence under section 8 or a driving licence and was operating a motor vehicle which such juvenile was licensed to operate. (4) Where an offence under this Act has been committed by a juvenile, the registration of the motor vehicle used in the commission of the offence shall be cancelled for a period of twelve months. 1. Ins. by Act 32 of 2019, s. 85 (w.e.f. 1-9-2019). 106 ----- (5) Where an offence under this Act has been committed by a juvenile, then, notwithstanding section 4 or section 7, such juvenile shall not be eligible to be granted a driving licence under section 9 or a learner's licence under section 8 until such juvenile has attained the age of twenty-five years. (6) Where an offence under this Act has been committed by a juvenile, then such juvenile shall be punishable with such fines as provided in the Act while any custodial sentence may be modified as per the provisions of the Juvenile Justice Act, 2000 (56 of 2000). **199B. Revision of fines.—The fines as provided in this Act shall be increased by such amount not** exceeding ten per cent. in value of the existing fines, on an annual basis on 1st day of April of each year from the date of commencement of the Motor Vehicles (Amendment) Act, 2019 (32 of 2018), as may be notified by the Central Government.] **200. Composition of certain offences.—(1) Any offence whether committed before or after the** commencement of this Act [1][punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section 182B, sub-section (1) or sub-section (2) of section 183, section 184 only to the extent of use of handheld communication devices, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, section 196, section 198,] may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf: 2[Provided that the State Government may, in addition to such amount, require the offender to undertake a period of community service.] (2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence: _2[Provided that notwithstanding compounding under this section, such offence shall be deemed to be_ a previous commission of the same offence for the purpose of determining whether a subsequent offence has been committed: Provided further that compounding of an offence will not discharge the offender from proceedings under sub-section (4) of section 206 or the obligation to complete a driver refresher training course, or the obligation to complete community service, if applicable.] **201. Penalty for causing obstruction to free flow of traffic.—(1) Whoever keeps a [3]*** vehicle on** any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to [4][five hundred rupees], so long as it remains in that position: Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law. 5[Provided further that where the vehicle is removed by 6[an agency authorised by the Central Government or State Government, removal charges] shall be recovered from the vehicle owner or person in-charge of such vehicle.] 7[(2) Penalties or 8[removal charges] under this section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette, authorise.] 9[(3) sub-section (1) shall not apply where the motor vehicle has suffered an unforeseen breakdown and is in the process of being removed.] 5[Explanation.—For the purposes of this section, “removal charges” includes any costs involved in the removal of the motor vehicle from one location to another and also includes any costs related to storage of such motor vehicle.] 1. Subs. by Act 32 of 2019, s. 86, for certain words, figures and brackets (w.e.f. 1-9-2019). 2. Ins. by s. 86, ibid. (w.e.f. 1-9-2019). 3. The word “disabled” omitted by s. 87, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 87, ibid., for “fifty rupees per hour” (w.e.f. 1-9-2019). 5. Ins. by Act 54 of 1994, s. 59 (w.e.f. 14-11-1994). 6. Subs. by Act 32 of 2019, s. 87, for “a Government agency, towing charges” (w.e.f. 1-9-2019). 7. Subs. by Act 54 of 1994, s. 59, for sub-section (2) (w.e.f. 14-11-1994). 8. Subs. by Act 32 of 2019, s. 87, for “towing charges” (w.e.f. 1-9-2019). 9. Ins. by s. 87, ibid. (w.e.f. 1-9-2019). 107 ----- **202. Power to arrest without warrant.—(1) A police officer in uniform may arrest without warrant** any person who in his presence commits an offence punishable under section 184 or section 185 or section 197: Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody. 1[(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.] (3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle. **203. Breath tests.—[2][(1) A police officer in uniform or an officer of the Motor Vehicles Department,** as may be authorised in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185: Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably practicable after the commission of such offence.] (2) If a motor vehicle is involved in an accident in a public place and a police officer in uniform has any reasonable cause to suspect that the person who was driving the motor vehicle at the time of the accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in section 185 he may require the person so driving the motor vehicle, to provide a specimen of his breath for a breath test:— (a) in the case of a person who is at a hospital as an indoor patient, at the hospital, (b) in the case of any other person, either at or near the place where the requirement is made, or, if the police officer thinks fit, at a police station specified by the police officer: Provided that a person shall not be required to provide such a specimen while at a hospital as an indoor patient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient. (3) If it appears to a police officer in uniform, in consequence of a breath test carried out by him on any person under sub-section (1) or sub-section (2), that the device by means of which the test has been carried out indicates the presence of alcohol in the person’s blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient. (4) If a person, required by a police officer under sub-section (1) or sub-section (2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while he is at a hospital as an indoor patient. (5) A person arrested under this section shall while at a police station, be given an opportunityto provide a specimen of breath for a breath test there. (6) The results of a breath test made in pursuance of the provisions of this section shall be admissible in evidence. _Explanation.—For the purposes of this section, “breath test”, means a test for the purpose of_ obtaining an indication of the presence of alcohol in a person’s blood carried out, on one or more 1. Subs. by Act 54 of 1994, s. 60, for sub-section (2) (w.e.f. 14-11-1994). 2. Subs. by s. 61, ibid., for sub-section (1) (w.e.f. 14-11-1994). 108 ----- specimens of breath provided by that person, by means of a device of a type approved by the Central Government, by notification in the Official Gazette, for the purpose of such a test. **204. Laboratory test.—(1) A person, who has been arrested under section 203 may, while at a police** station, be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a Laboratory test,— (a) it appears to the police officer that the device, by means of which breath test was taken in relation to such person, indicates the presence of alcohol in the blood of such person, or (b) such person, when given the opportunity to submit to a breath test, has refused, omitted or failed to do so: Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not. (2) A person while at a hospital as an indoor patient may be required by a police officer to provide at the hospital a specimen of his blood for a laboratory test:— (a) if it appears to the police officer that the device by means of which test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person, or (b) if the person having been required, whether at the hospital or elsewhere, to provide a specimen of breath for a breath test, has refused, omitted or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood: Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient. (3) The results of a laboratory test made in pursuance of this section shall be admissible in evidence. _Explanation.—For the purposes of this section, “laboratory test” means the analysis of a specimen of_ blood made at a laboratory established, maintained or recognised by the Central Government or a State Government. **205. Presumption of unfitness to drive.—In any proceeding for an offence punishable under section** 185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time. **206. Power of police officer to impound document.—(1) Any police officer or other person** authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Indian Penal Code (45 of 1860), seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document. (2) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it to the Court taking cognizance of the offence and the said Court shall on the first appearance of 109 ----- such driver before it, return the licence to him in exchange for the temporary acknowledgment given under sub-section (3). (3) A police officer or other person seizing a licence under sub-section (2) shall give to the person surrendering the licence a temporary acknowledgment therefor and such acknowledgment shall authorise the holder to drive until the licence has been returned to him or until such date as may be specified by the police officer or other person in the acknowledgment, whichever is earlier: Provided that if any magistrate, police officer or other person authorised by the State Government in this behalf is, on an application made to him, satisfied that the licence cannot be, or has not been, returned to the holder thereof before the date specified in the acknowledgment for any reason for which the holder is not responsible, the magistrate, police officer or other person, as the case may be, may extend the period of authorization to drive to such date as may be specified in the acknowledgment. 1[(4) A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19: Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him.] **207. Power to detain vehicles used without certificate of registration permit, etc.—(1) Any police** officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle: Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof. (2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose. STATE AMENDMENT **Rajasthan** **Amendment of Section 207, Central Act 59 of 1988.—In the proviso to sub-section (1) of Section** 207 of the principal Act, the expression “or without the permit required by sub- section (1) of Section 66” as occurring between the expression “Section 3 or section 4” and the expression “he may” shall be deleted. [Vide Rajasthan Act 2 of 1993, s. 3]. **208. Summary disposal of cases.—(1) The Court taking cognizance of any offence (other than an** offence which the Central Government may by rules specify in this behalf) under this Act,— (i) may, if the offence is an offence punishable with imprisonment under this Act; and (ii) shall, in any other case, 1. Ins. by Act 32 of 2019, s. 88 (w.e.f. 1-10-2020). 110 ----- state upon the summons to be served on the accused person that he— (a) may appear by pleader or in person; or (b) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, such sum (not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of guilt indicated in the money order coupon itself: Provided that the Court shall, in the case of any of the offences referred to in sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving licence to the Court with his letter containing such plea. (2) Where the offence dealt with in accordance with sub-section (1) is an offence specified by the Central Government by rules for the purposes of this sub-section, the Court shall, if the accused person pleads guilty to the charge and forward his driving licence to the Court with the letter containing his plea, make an endorsement of such conviction on his driving licence. (3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub-section (1), or as the case may be, sub-sections (1) and (2), no further proceedings in respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the contrary contained in this Act, to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty. **209. Restriction on conviction.—No person prosecuted for an offence punishable under section 183** or section 184 shall be convicted unless— (a) he was warned at the time the offence was committed that the question of prosecuting him would be taken into consideration, or (b) within fourteen days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or (c) within twenty-eight days of the commission of the offence, a summons for the offence was served on him: Provided that nothing, in this section shall apply where the Court is satisfied that— (a) the failure to serve the notice or summons referred to in this sub-section was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or (b) such failure was brought about by the conduct of the accused. **210. Courts to send intimation about conviction.—Every Court by which any person holding a** driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to— (a) the licensing authority which issued the driving licence, and (b) the licensing authority by whom the licence was last renewed, and every such intimation shall state the name and address of the holder of the licence, the licence number, the date of issue and renewal of the same, the nature of the offence, the punishment awarded for the same and such other particulars as may be prescribed. **1[210A. Power of State Government to increase penalties.—Subject to conditions made by the** Central Government, a State Government, shall, by notification in the Official Gazette, specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such 1. Ins. by Act 32 of 2019, s. 89 (w.e.f. 1-9-2019). 111 ----- modified fine, shall be in force in such State and different multipliers may be applied to different classes of motor vehicles as may be classified by the State Government for the purpose of this section. **210B. Penalty for offence committed by an enforcing authority.—Any authority that is** empowered to enforce the provisions of this Act shall, if such authority commits an offence under this Act, shall be liable for twice the penalty corresponding to that offence under this Act. **210C. Power of Central Government to make rules.—The Central Government may make rules** for— (a) design, construction and maintenance standards for National highways; (b) such other factors as may be taken into account by the Court under sub-section (3) of section 198A; (c) any other matter which is, or has to be, prescribed by the Central Government. **210D. Power of State Government to make rules.—The State Government may make rules for** design, construction and maintenance standards for roads other than national highways, and for any other matter which is, or may be, prescribed by the State Government.] CHAPTER XIV MISCELLANEOUS **211. Power to levy fee.—Any rule which the Central Government or the State Government is** empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics or copies of documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary: Provided that the Government may, if it considers necessary so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full. **1[211A. Use of electronic forms and documents.—(1) Where any provision of this Act or the rules** and regulations made there under provide for— (a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the Central Government or the State Government in a particular manner; (b) the issue or grant of any licence, permit, sanction, approval or endorsement, by whatever name called in a particular manner; or (c) the receipt or payment of money in a particular manner, then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the Central Government or the State Government, as the case may be. (2) The Central Government or the State Government shall, for the purpose of sub-section (1), prescribe— (a) the manner and format in which such electronic forms and documents shall be filed, created or issued; and (b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic document under clause (a).] **212. Publication, commencement and laying of rules and notifications.—(1) The power to make** rules under this Act is subject to the condition of the rules being made after previous publication. 1. Ins. by Act 32 of 2019, s. 90 (w.e.f. 1-10-2020). 112 ----- (2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. (3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature. (4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, [1][section 118] [2][sub-section (4) of section 163A] [3][section 164, section 177A] and sub-section (4) of section 213 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, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, 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 rule, scheme or notification. 1[(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, 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.] **213. Appointment of motor vehicles officers.—(1) The State Government may, for the purpose of** carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit. (2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers. (4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such. (5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to,— (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed; 1. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-9-2019). 2. Ins. by Act 54 of 1994, s. 62 (w.e.f. 14-11-1994). 3. Ins. by Act 32 of 2019, s. 91 (w.e.f. 1-10-2020). 113 ----- (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept: Provided that,— (i) any such search without a warrant shall be made only by an officer of the rank of a gazetted officer; (ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise; (iii) where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made; (c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed; (e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the offender before any court; (f) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (6) 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 under the authority of any warrant issued under section 94 of that Code. **214. Effect of appeal and revision on orders passed by original authority.—(1) Where an appeal** has been preferred or an application for revision has been made against any order passed by an original authority under this Act, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs. (2) Notwithstanding anything contained in sub-section (1), if an application made by a person for the renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Act against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified therein, continue to be valid until the appeal or application for revision is disposed of. (3) No order made by a competent authority under this Act shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the proceedings, unless it appears to the prescribed appellate authority or revisional authority, as the case may be, that such error, omission or irregularity has, in fact, occasioned a failure of justice. **215. Road Safety Councils and Committees.—(1) The Central Government may, by notification in** the Official Gazette, constitute for the country a National Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (2) A State Government may, by notification in the Official Gazette, constitute for the State a State Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. 114 ----- (3) A State Government may, by notification in the Official Gazette, constitute District Road Safety Committee for each district in the State consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine. (4) The Councils and Committees referred to in this section shall discharge such functions relating to the road safety programmes as the Central Government or the State Government, as the case may be, may, having regard to the objects of the Act, specify. **1[215A. Power of Central Government and State Government to delegate.—Notwithstanding** anything contained in this Act,— (a) the Central Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act; (b) the State Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act. **215B. National Road Safety Board.—(1) The Central Government shall, by notification in the** Official Gazette, constitute a National Road Safety Board consisting of a Chairman, such number of representatives from the State Governments, and such other members as it may consider necessary and on such terms and conditions as may be prescribed by the Central Government. (2) The National Board shall render advice to the Central Government or State Government, as the case may be, on all aspects pertaining to road safety and traffic management including, but not limited to,— (a) the standards of design, weight, construction, manufacturing process, operation and maintenance of motor vehicles and of safety equipment; (b) the registration and licensing of motor vehicles; (c) the formulation of standards for road safety, road infrastructure and control of traffic; (d) the facilitation of safe and sustainable utilisation of road transport ecosystem; (e) the promotion of new vehicle technology; (f) the safety of vulnerable road users; (g) programmes for educating and sensitising drivers and other road users; and (h) such other functions as may be prescribed by the Central Government from time to time. **215C. Power of Central Government to make rules.—(1) The Central Government may make** rules for the purposes of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A; (b) the minimum qualifications which the Motor Vehicles Department officers or any class thereof shall be required to possess for appointment as such, as referred to in sub-section (4) of section 213; (c) the terms and conditions of appointment of Chairman and Members of the National Road Safety Board under sub-section (1) of section 215B; (d) the other functions of the National Road Safety Board under sub-section (2) of section 215B; and 1. Ins. by Act 32 of 2019, s. 92 (w.e.f. 1-9-2019). 115 ----- (e) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the Central Government. **215D. Power of State Government to make rules.—(1) The State Government may make rules for** the purposes of carrying into effect, the provisions of this Chapter, other than the matters specified in section 215C. (2) Without prejudice to the generality of the foregoing power, such rules may provide for— (a) the use of electronic forms and means for the filing of documents, issue or grant of licence, permit, sanction, approval or endorsements and the receipt or payment of money as referred to in section 211A; (b) the duties and functions of the officers of the Motor Vehicle Department, the powers to be exercised by such officers (including the powers exercisable by police officers under this Act) and the conditions governing the exercise of such powers, the uniform to be worn by them, the authorities to which they shall be subordinate as referred to in sub-section (3) of section 213; (c) such other powers as may be exercised by officers of the Motor Vehicles Department as referred to in clause (f) of sub-section (5) of section 213; and (d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules by the State Government.] **216. 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 after the expiry of a period of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. **217. Repeal and savings.—(1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding** to that Act in force in any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed. (2) Notwithstanding the repeal by sub-section (1) of the repealed enactments,— (a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted, or any confiscation made, or any penalty or fine imposed, any forfeiture, cancellation or any other thing done, or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been issued, made, granted, done or taken under the corresponding provision of this Act; (b) any certificate of fitness or registration or licence or permit issued or granted under the repealed enactments shall continue to have effect after such commencement under the same conditions and for the same period as if this Act had not been passed; (c) any document referring to any of the repealed enactments or the provisions thereof, shall be construed as referring to this Act or to the corresponding provision of this Act; (d) the assignment of distinguishing marks by the registering authority and the manner of display on motor vehicles in accordance with the provision of the repealed enactments shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is issued; (e) any scheme made under section 68C of the Motor Vehicles Act, 1939 (4 of 1939) or under the corresponding law, if any, in force in any State and pending immediately before the commencement of this Act shall be disposed of in accordance with the provisions of section 100 of this Act; 116 ----- (f) the permits issued under sub-section (1A) of section 68F of the Motor Vehicles Act, 1939 (4 of 1939), or under the corresponding provision, if any, in force in any State immediately before the commencement of this Act shall continue to remain in force until the approved scheme under Chapter VI of this Act is published. (3) Any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments. (4) The mention of particular matters in this section 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 repeals. **1[217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles** **Act, 1939.—Notwithstanding the repeal by sub-section (1) of section 217 of the enactments referred to in** that sub-section, any certificate of fitness or registration or licence or permit issued or granted under the said enactments may be renewed under this Act.] 1. Ins. by Act 27 of 2000, s. 5 (w.e.f. 11-8-2000). 117 ----- 1[THE FIRST SCHEDULE] (See sections 116 and 119) TRAFFIC SIGNS _Part A.—Mandatory Signs_ Notes—(1) The figure 20 is given merely as an example. The actual figures will be as prescribed in each case where this sign is used. (2) The general design of the post is given for guidance. (3) Where the speed limit is, or is to be, imposed only on a certain class or classes of motor vehicle, the class or classes will be specified on the “definition plate”. Where in addition to a general speed limit applicable to other motor vehicles a special speed limit is or is to be imposed on vehicles of a certain class or classes, the general speed limit will be specified on the disc and the special speed limit together with the class or classes of vehicle to which it applies, will be specified on the “definition plate”. (4) The paints to be used on the traffic signs should be of reflecting kind. 1. The Schedule renumbered as the First Schedule thereof by Act 54 of 1994, s. 63 (w.e.f. 14-11-1994). 118 ----- 119 ----- Note.—Sign NO.5 as here set forth may be amplified by instructions inscribed upon a definition plate placed below it as in the general arrangement set forth in sign No. 1 of this Part. Upon the definition plate may be set forth the times during which parking is prohibited. In like manner an arrow-head inscribed on the definition plate will indicate that parking is prohibited on that part of the street or road lying to the side of the sign to which the arrow-head points. 120 ----- 121 ----- _Part B.—Cautionary Signs_ The signs of this Part shall be used in conjunction with a red triangular plate, the centre of which shall be either bollow or painted white, in the manner indicated in the general design reproduced below. 122 ----- 123 ----- 124 ----- 125 ----- _Part C.—Informatory Signs_ 126 ----- 127 ----- 1[THE SECOND SCHEDULE.—[Schedule for compensation for third party fatal accidents/injury cases _claims] Omitted by the Motor Vehicles (Amendment) Act, 2019 (32 of 2019), s. 93 (w.e.f. 1-4-2022).]_ [1. Subs. by S.O. 2022(E), for the Second Schedule (w.e.f. 22-5-2018).](javascript:OpenNotifications('MANU/RDTH/0257/2018')) 128 -----

16-Dec-1988

68

The National Highways Authority of India Act, 1988

https://www.indiacode.nic.in/bitstream/123456789/1803/1/198868.pdf

central

# THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988 _______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE NATIONAL HIGHWAYS AUTHORITY OF INDIA 3. Constitution of the Authority. 4. Term of office and conditions of service of members. 5. Disqualifications for appointment as member. 6. Eligibility of member for reappointment. 7. Meetings. 8. Vacancy in the Authority not to invalidate proceedings. 9. Appointment of officers, consultants and other employees of the Authority. 10. Authority to act on business principles. CHAPTER III PROPERTY AND CONTRACTS 11. Power of the Central Government to vest or entrust any national highway in the Authority. 12. Transfer of assets and liabilities of the Central Government to the Authority. 13. Compulsory acquisition of land for the Authority. 14. Contracts by the Authority. 15. Mode of executing contracts on behalf of the Authority. CHAPTER IV FUNCTIONS OF THE AUTHORITY 16. Functions of the Authority. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 17. Additional capital and Grants to the Authority by the Central Government. 18. Fund of the Authority. 19. Budget. 20. Investment of funds. 21. Borrowing powers of the Authority. 22. Annual report. 1 ----- SECTIONS 23. Accounts and audit. 24. Annual report and auditor’s report to be laid before Parliament. CHAPTER VI MISCELLANEOUS 25. Delegation of powers. 26. Authentication of orders and other instruments of the Authority. 27. Employees of the Authority to be public servants. 28. Protection of action taken in good faith. 29. Power of the Authority to undertake certain works. 30. Power to enter. 31. Power of the Central Government to temporarily divest the Authority of the management of any national highway. 32. Power of the Central Government to supersede the Authority. 33. Power of the Central Government to issue directions. 34. Power of the Central Government to made rules. 35. Power of the Authority to make regulations. 36. Power to remove difficulties. 37. Rules and regulations to be laid before Parliament. 2 ----- # THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988 ACT NO. 68 OF 1988 [16th December, 1988.] # An Act to provide for the constitution of an Authority for the development, maintenance and management of national highways and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty-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 National Highways** Authority of India Act, 1988. (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) “Authority” means the National Highways Authority of India constituted under section 3; (b) “Chairman” means the Chairman of the Authority; (c) “employee” means a person in the full-time service of the Authority; (d) “member” means a member of the Authority appointed under section 3 and includes the Chairman; (e) “national highway” means any highway for the time being declared as a national highway under section 2 of the National Highways Act, 1956 (48 of 1956); (f) “prescribed” means prescribed by rules made under this Act; (g) “regulations” means regulations made by the Authority under this Act; (h) words and expressions used herein and not defined but defined in the National Highways Act, 1956 (48 of 1956) shall have the meanings assigned to them in that Act. CHAPTER II THE NATIONAL HIGHWAYS AUTHORITY OF INDIA **3. Constitution of the Authority.—(1) With effect from such date as the Central Government may,** by notification in the Official Gazette, appoint in this behalf, there shall be constituted for the purposes of this Act an Authority to be called the National Highways Authority of India. (2) The Authority 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. 2[(3) The Authority shall consist of— (a) a Chairman; (b) not more than six full-time members; and (c) not more than six part-time members, to be appointed by the Central Government by notification in the Official Gazette: 1. 15th June, 1989, _vide notification No. S.O. 451(E), dated 15th June, 1989, see Gazette of India, Extraordinary, Part II,_ sec. 3(ii). 2. Subs. by Act 19 of 2013, s. 2, for sub-section 3 (w.e.f. 10-9-2013). 3 ----- Provided that the Central Government shall, while appointing the part-time members, ensure that at least two of them are non-Government professionals having knowledge or experience in financial management, transportation planning or any other relevant discipline.] **4. Term of office and conditions of service of members.—The term of office and other conditions** of service of the members shall be such as may be prescribed. **5. Disqualifications for appointment as member.—A person shall be disqualified for being** appointed as a member if he— (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent Court; or (d) has been removed or dismissed from the service of the Government or a Corporation owned or controlled by the Government; or (e) has, in the opinion of the Central Government, such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member. **6. Eligibility of member for reappointment.—Subject to the other terms and conditions of service** as may be prescribed, any person ceasing to be a member shall be eligible for reappointment as such member. **7. Meetings.—(1) The Authority 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 thereat, as may be provided by regulations. (2) If for any reason the Chairman is unable to attend any meeting of the Authority any other member chosen by the members present at the meeting shall preside at the meeting. (3) All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the Chairman, or in his absence the person presiding, shall have and exercise a second or casting vote. **8. Vacancy in the Authority not to invalidate proceedings.—No act or proceeding of the Authority** shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Authority; or (b) any defect in the appointment of a person acting as a member of the Authority; or (c) any irregularity in the procedure adopted by the Authority not affecting the merits of the case. **9. Appointment of officers, consultants and other employees of the Authority.—(1) For the** purpose of discharging its functions, the Authority shall appoint such number of officers and other employees as it may consider necessary on such terms and conditions as may be laid down by the regulations. (2) The Authority may appoint, from time to time, any person as adviser or consultant as it may consider necessary, on such terms and conditions as may be laid down by the regulations. **10. Authority to act on business principles.—In the discharge of its functions under this Act, the** Authority shall act, so far as may be, on business principles. CHAPTER III PROPERTY AND CONTRACTS **11. Power of the Central Government to vest or entrust any national highway in the** **Authority.—The Central Government may, from time to time, by notification in the Official Gazette,** vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification. 4 ----- **12. Transfer of assets and liabilities of the Central Government to the Authority.—(1) On and** from the date of publication of the notification under section 11,— (a) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for, the Central Government, immediately before such date for or in connection with the purposes of any national highway or any stretch thereof vested in, or entrusted to, the Authority under that section, shall be deemed to have been incurred, entered into and engaged to be done by, with, or for, the Authority; (b) all non-recurring expenditure incurred by or for the Central Government for or in connection with the purposes of any national highway or any stretch thereof, so vested in, or entrusted to, the Authority, up to such date and declared to be capital expenditure by the Central Government shall, subject to such terms and conditions as may be prescribed, be treated as capital provided by the Central Government to the Authority; (c) all sums of money due to the Central Government in relation to any national highway or any stretch thereof, so vested in, or entrusted to, the Authority immediately before such date shall be deemed to be due to the Authority; (d) all suits and other legal proceedings instituted or which could have been instituted by or against the Central Government immediately before such date for any matter in relation to such national highway or any stretch thereof may be continued or instituted by or against the Authority. (2) If any dispute arises as to which of the assets, rights or liabilities of the Central Government have been transferred to the Authority, such dispute shall be decided by the Central Government. 1[13. Compulsory acquisition of land for the Authority.—Any land required by the Authority for discharging its functions under this Act shall be deemed to be land needed for a public purpose and such land may be acquired for the Authority under the provisions of the National Highways Act, 1956 (48 of 1956).] **14. Contracts by the Authority.—Subject to the provisions of section 15, the Authority shall be** competent to enter into and perform any contract necessary for the discharge of its functions under this Act. **15. Mode of executing contracts on behalf of the Authority.—(1) Every contract shall, on behalf of** the Authority, be made by the Chairman or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the Authority and such contracts or classes of contracts as may be specified in the regulations shall be sealed with the common seal of the Authority: Provided that no contract exceeding such value or amount as the Central Government may prescribe in this behalf shall be made unless it has been previously approved by that Government: Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the Central Government may prescribe in this behalf shall be made unless it has been previously approved by that Government. (2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be provided by regulations. (3) No contract which is not in accordance with the provisions of this Act and the regulations shall be binding on the Authority. CHAPTER IV FUNCTIONS OF THE AUTHORITY **16. Functions of the Authority.— (1) Subject to the rules made by the Central Government in this** behalf, it shall be the function of the Authority to develop, maintain and manage the national highways and any other highways vested in, or entrusted to, it by the Government. 1. Subs. by Act 16 of 1997, s. 6, for section 13 (w.e.f. 24-1-1997). 5 ----- (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Authority may, for the discharge of its functions— (a) survey, develop, maintain and manage highways vested in, or entrusted to, it; (b) construct offices or workshops and establish and maintain hotels, motels, restaurants and rest-rooms at or near the highways vested in, or entrusted to, it; (c) construct residential buildings and townships for its employees; (d) regulate and control the plying of vehicles on the highways vested in, or entrusted to, it for the proper management thereof; (e) develop and provide consultancy and construction services in India and abroad and carry on research activities in relation to the development, maintenance and management of highways or any facilities thereat; (f) provide such facilities and amenities for the users of the highways vested in, or entrusted to, it as are, in the opinion of the Authority, necessary for the smooth flow of traffic on such highways; (g) form one or more companies under the Companies Act, 1956 (1 of 1956) to further the efficient discharge of the functions imposed on it by this Act; 1[(h) engage, or entrust any of its functions to, any person on such terms and conditions as may be prescribed;] (i) advise the Central Government on matters relating to highways; (j) assist, on such terms and conditions as may be mutually agreed upon, any State Government in the formulation and implementation of schemes for highway development; (k) collect fees on behalf of the Central Government for services or benefits rendered under section 7 of the National Highways Act, 1956 (48 of 1956), as amended from time to time, and such other fees on behalf of the State Governments on such terms and conditions as may be specified by such State Governments; and (l) take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this Act. (3) Nothing contained in this section shall be construed as— (a) authorising the disregard by the Authority of any law for the time being in force; or (b) authorising any person to institute any proceeding in respect of a duty or liability to which the Authority or its officers or other employees would not otherwise be subject under this Act. CHAPTER V FINANCE, ACCOUNTS AND AUDIT 2[17. Additional capital and grants to the Authority by the Central Government.—The Central Government may, after due appropriation made by Parliament, by law in this behalf,— (a) provide any capital that may be required by the Authority for the discharge of its functions under this Act or for any purpose connected therewith on such terms and conditions as that Government may determine; (b) pay to the Authority, on such terms and conditions as the Central Government may determine, by way of loans or grants such sums of money as that Government may consider necessary for the efficient discharge by the Authority of its functions under this Act.] **18. Fund of the Authority.—(1) There shall be constituted a Fund to be called the National** Highways Authority of India Fund and there shall be credited thereto— (a) any grant or aid received by the Authority; 1. Subs. by Act 16 of 1997, s. 7, for clause (h) (w.e.f. 24-1-1997). 2. Subs. by s. 8, ibid., for section 17 (w.e.f. 24-1-1997). 6 ----- (b) any loan taken by the Authority or any borrowings made by it; (c) any other sums received by the Authority. (2) The Fund shall be utilised for meeting— (a) expenses of the Authority in the discharge of its functions having regard to the purposes for which such grants, loans or borrowings are received and for matters connected therewith or incidental thereto; (b) salary, allowances, other remuneration and facilities provided to the members, officers and other employees of the Authority; (c) expenses on objects and for purposes authorised by this Act. **19. Budget.—The Authority shall prepare, in such form and at such time in each financial year as** may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Authority and forward the same to the Central Government. **20. Investment of funds.—The Authority may invest its funds (including any reserve fund) in the** securities of the Central Government or in such other manner as may be prescribed. **21. Borrowing powers of the Authority.—(1) The Authority may, with the consent of the Central** Government or in accordance with the terms of any general or special authority given to it by the Central Government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this Act. (2) Subject to such limits as the Central Government may, from time to time, lay down, the Authority may borrow temporarily by way of overdraft or otherwise, such amounts as it may require for discharging its functions under this Act. (3) The Central Government may guarantee in such manner as it thinks fit the repayment of the principal and the payment of interest thereon with respect to the borrowings made by the Authority under sub-section (1). **22. Annual report.—The Authority shall prepare, in such form and at such time in each financial** year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government. **23. Accounts and audit.—The accounts of the Authority shall be maintained and audited in such** manner as may, in consultation with the Comptroller and Auditor-General of India, be prescribed and the Authority shall furnish, to the Central Government before such date as may be prescribed, its audited copy of accounts together with the auditor’s report thereon. **24. Annual report and auditor’s report to be laid before Parliament.—The Central Government** shall cause the annual report and auditor’s report to be laid, as soon as may be, after they are received, before each House of Parliament. CHAPTER V MISCELLANEOUS **25. Delegation of powers.—The Authority may, by general or special order in writing, delegate to** the Chairman or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act (except its powers under section 35) as it may deem necessary. **26. Authentication of orders and other instruments of the Authority.—All orders, decisions and** other instruments of the Authority shall be authenticated by the signature of the Chairman or any other member or any officer of the Authority authorised by it in this behalf. **27. Employees of the Authority to be public servants.—All members, officers and employees of** the Authority 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). 7 ----- **28. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding** shall lie against the Authority or any member or officer or employee of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. (2) No suit, prosecution or other legal proceeding shall lie against the Authority or any member or officer or employee of the Authority 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 the rules or regulations made thereunder. **29. Power of the Authority to undertake certain works.—The Authority may undertake to carry** out on behalf of the Government or any local authority any works or services or any class of works or services on such terms and conditions as may be agreed upon between the Authority and the Government or local authority concerned. **30. Power to enter.—Subject to any regulations made in this behalf any person, generally or** specially authorised by the Authority in this behalf, may, whenever it is necessary so to do for any of the purposes of this Act, at all reasonable times, enter upon any land or premises, and— (a) make any inspection, survey, measurement, valuation or enquiry; (b) take levels; (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work; (e) mark such levels, boundaries and lines by placing marks and cutting trenches; or (f) do such other acts or things as may be prescribed: Provided that no such person shall enter any boundary or any enclosed court or garden attached to a dwelling-house (except with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours’ notice in writing of his intention to do so. **31. Power of the Central Government to temporarily divest the Authority of the management of** **any national highway.—(1) If, at any time, the Central Government is of opinion that in the public** interest it is necessary or expedient so to do, it may, by order, direct the Authority to entrust the development, maintenance or management of any national highway or a part thereof with effect from such date and for such period and to such person as may be specified in the order and the Authority shall be bound to comply with such direction. (2) Where development, maintenance or management of any national highway or part thereof is entrusted to any person specified under sub-section (1) (hereafter in this section referred to as the authorised person), the Authority shall cease to exercise and discharge all its powers and functions under this Act in relation to such national highway or part thereof and such powers and functions shall be exercised and discharged by the authorised person in accordance with the instructions, if any, which the Central Government may give to the authorised person from time to time: Provided that no such power or function as may be specified by the Central Government by a general or special order shall be exercised or discharged by the authorised person except with the previous sanction of the Central Government. (3) The Central Government may reduce or extend the period mentioned in sub-section (1) as it considers necessary. (4) During the operation of an order made under sub-section (1), it shall be competent for the Central Government to issue, from time to time, such directions to the Authority as are necessary to enable the authorised person to exercise the powers and discharge the functions of the Authority under this Act in relation to the national highway or part thereof, the management of which has been entrusted to him and in particular, to transfer any sum of money from the Fund of the Authority to the authorised person for the management of the national highway or part thereof and every such direction shall be complied with by the Authority. (5) On the cesser of operation of any order made under sub-section (1) in relation to any national highway or part thereof, the authorised person shall cease to exercise and perform the powers and 8 ----- functions of the Authority under this Act in relation to such national highway or part thereof and the Authority shall continue to exercise and perform such powers and functions in accordance with the provisions of this Act. (6) On the cesser of operation of any order made under sub-section (1) in relation to any national highway or part thereof, the authorised person shall hand over to the Authority any property (including any sum of money or other asset) remaining with him in connection with the management of such national highway or part thereof. **32. Power of the Central Government to supersede the Authority.—(1) If, at any time, the Central** Government is of opinion— (a) that on account of a grave emergency the Authority is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or (b) that the Authority has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act; or (c) that circumstances exist which render it necessary in the public interest so to do, the Central Government may, by notification in the Official Gazette, supersede the Authority 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 (b), the Central Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Authority. (2) Upon the publication of a notification under sub-section (1) superseding the Authority,— (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, or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct; (c) all property owned or controlled by the Authority shall, until the Authority 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 one year, as it may consider necessary; or (b) reconstitute the Authority by fresh appointment and in such a case, any person who vacated office under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: Provided that the Central Government may, at any time before the expiration of the period of supersession whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section. (4) The Central Government shall cause a notification issued under sub-section (1) or sub-section (3) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament as soon as may be. **33. Power of the Central Government to issue directions.—(1) Without prejudice to the other** provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give to it in writing from time to time. (2) The decision of the Central Government whether a question is one of policy or not shall be final. 9 ----- **34. Power of the Central Government to make rules.—(1) The Central Government may, by** notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the term of office and other conditions of service of the members; (b) the powers and duties of the Chairman and of the members; (c) the terms and conditions subject to which the non-recurring expenditure incurred by or for the Central Government for or in connection with the purposes of any national highway shall be treated as capital provided by the Central Government to the Authority under clause (b) of sub-section (1) of section 12; (d) the value or amount required to be prescribed under sub-section (1) of section 15; 1[(dd) the terms and conditions subject to which the functions of the Authority may be entrusted to any person under clause (h) of sub-section (2) of section 16;] (e) the form in which and the time within which the Authority shall prepare its budget under section 19 and its annual report under section 22; (f) the manner in which the Authority may invest its funds under section 20; (g) the manner in which the accounts of the Authority shall be maintained and audited and the date before which the audited copy of the accounts together with the auditor’s report thereon shall be furnished to the Central Government under section 23; (h) the conditions and restrictions with respect to the exercise of the power to enter under section 30 and the matters referred to in clause (f) of that section; and (i) any other matter which is required to be, or may be, prescribed. **35. Power of the Authority to make regulations.—(1) The Authority may, by notification in the** Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the times and places of the meetings of the Authority and the procedure to be followed for the transaction of business at such meetings; (b) the terms and conditions of service, method of recruitment and the remuneration of officers and other employees appointed by the Authority; (c) the form and manner in which a contract or class of contracts may be made by the Authority and the contracts or classes of contracts which are to be sealed with the common seal of the Authority; (d) the manner of preventing obstructions on the national highways for their normal functioning; (e) the manner of prohibiting the parking or waiting of any vehicle or carriage on the national highway except at places specified by the Authority; (f) the manner of prohibiting or restricting access to any part of the national highway; (g) the manner of regulating or restricting advertisements on and around national highways; and (h) generally for the efficient and proper maintenance and management of the national highways. 1. Ins. by Act 16 of 1997, s. 9 (w.e.f. 24-1-1997). 10 ----- **36. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of** this Act, the Central Government may, by notification in the Official Gazette, make order not inconsistent with the provisions of this Act as may 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 two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **37. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 11 -----

23-May-1989

23

The Assam University Act, 1989

https://www.indiacode.nic.in/bitstream/123456789/1895/1/198923.pdf

central

# THE ASSAM UNIVERSITY ACT, 1989 _________ ARRANGEMENT OF SECTIONS __________ CHAPTER I PRELIMINARY 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. The Visitor. 9. The Chief Rector. 10. Officers of the University. 11. The Chancellor. 12. The Vice-Chancellor. 13. The Pro-Vice-Chancellor. 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. The Planning Board. 23. The Boards of Schools. 24. The Finance Committee. 25. Other authorities of the University. 26. Power to make Statutes. 27. Statutes how to be made. 28. Power to make Ordinances. 29. Regulations. 30. Annual report. 31. Annual accounts. 32. Conditions of service of employees. 33. Procedure of appeal and arbitration in disciplinary cases against students. 34. Right to appeal. 35. Provident and pension funds. 36. Disputes as to constitution of University authorities and bodies. 37. Constitution of Committees. 38. Filling of casual vacancies. 39. Proceedings of University authorities or bodies not invalidated by vacancies. 1 ----- SECTIONS 40. Protection of action taken in good faith. 41. Mode of proof of University record. 42. Power to remove difficulties. 43. Transitional provisions. 44. Completion of courses of studies in Colleges or Institutions affiliated to the University. 45. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. THE SCHEDULE. 2 ----- # THE ASSAM UNIVERSITY ACT, 1989 ACT NO. 23 OF 1989 [23rd _May, 1989.]_ # An Act to establish and incorporate a teaching and affiliating University in the State of Assam and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Assam University Act, 1989.** (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, 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) “distance education system” means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means; (i) “employee” means any person appointed by the University, and includes teachers and other staff of the University; (j) “Executive Council” means the Executive Council of the University; (k) “Hall” means a unit of residence or of corporate life for the students of the University, or of a College or an Institution, maintained by the University; (l) “Institution” means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University; (m) “Planning Board” means the Planning Board of the University; (n) “Principal” means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal or the acting Principal, a Vice-Principal duly appointed as such; (o) “recognised Institution” means an institution of higher learning recognised by the University; (p) “recognised teachers” means such persons as may be recognised by the University for the purpose of imparting instructions in a College or an Institution admitted to the privileges of the University; (q) “Regulations” means the Regulations made by any authority of the University under this Act for the time being in force; 1. 15th January, 1994, _vide notification No. G.S.R. 23(E), dated 15th January, 1994,_ _see Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 3 ----- (r) “School” means a School of Studies of the University; (s) “Statutes” and “Ordinances” mean, respectively, the Statutes and the Ordinances of the University for the time being in force; (t) “teachers of the University” means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances; (u) “University” means the Assam University established under this Act. **3. The University.—(1) There shall be established a University by the name of “Assam University”.** (2) The headquarters of the University shall be at Silchar and 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, the Academic Council and the Planning Board 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 “Assam 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 and by the example of its corporate life to make provisions for integrated courses in humanities, natural and physical sciences and social sciences in the educational programmes of the University; to take appropriate measures for promoting inter-disciplinary studies and research in the University; to educate and train manpower for development of the State of Assam; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that State, their intellectual, academic and cultural development. **5. Powers of the University.—The University shall have the following powers, namely:—** (i) 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; (ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (iii) to organise and to undertake extra-mural studies, training and extension services; (iv) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (v) to provide facilities through the distance education system to such persons as it may determine; (vi) to institute Principalships, Professorships, Readerships, Lecturerships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other teaching or academic positions; (vii) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition; (viii) to recognise persons for imparting instructions in any College or Institution admitted to the privileges of the University; (ix) to appoint persons working in any other University or organisation as teachers of the University for a specified period; (x) to create administrative, ministerial and other posts and to make appointments thereto; 4 ----- (xi) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine; (xii) to establish 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; (xiii) to institute and award fellowships, scholarships, studentship, medals and prizes; (xiv) to establish and maintain Colleges, Institutions and Halls; (xv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary; (xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff; (xvii) to admit to its privileges colleges and institutions not maintained by the University; to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes; to recognise, guide, supervise, and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition; (xviii) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University; (xix) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes; (xx) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing; (xxi) to demand and receive payment of fees and other charges; (xxii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (xxiii) to lay down conditions of service of all categories of employees, including their code of conduct; (xxiv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary; (xxv) to make arrangements for promoting the health and general welfare of the employees; (xxvi) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University; (xxvii) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University; (xxviii) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects. **6. Jurisdiction.—[1][(1) The jurisdiction of the University shall extend to the Cachar, Karimganj,** North Cachar Hills, Karbi Anglong and Hailakandi Districts of the State of Assam.] (2) On and from the commencement of this Act, all Colleges situated in the districts of Cachar, Karimganj, North Cachar Hills [2][, Karbi Anglong and Hailkandi] shall stand affiliated to the University. 1. Subs. by Act 25 of 1995, s. 2, for sub-section (1) (w.e.f. 15-1-1994). 2. Subs. by s. 2, ibid., for “and Karbi Anglong” (w.e.f. 15-1-1994). 5 ----- 1* - - - **7. University open to all classes, castes and creed.—The University shall be open to persons of** either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes. **8. The Visitor.—(1) The President of India shall be the Visitor of the University.** (2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions managed by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions. (3) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any College or Institution maintained by the University or admitted to its privileges; and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions. (4) The Visitor shall, in every matter referred to in sub-section (2), give notice of his intention to cause an inspection or inquiry to be made,— (a) to the University, if such inspection or inquiry is to be made in respect of the University or any College or Institution maintained by it, or (b) to the management of the College or Institution, if the inspection or inquiry is to be made in respect of the College or Institution admitted to the privileges of the University, and the University or the management, as the case may be, shall have the right to make such representations to the Visitor, as it may consider necessary. (5) After considering the representations, if any, made by the University or the management, as the case may be, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3). (6) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. (7) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate, to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon. (8) The Visitor may, if the inspection or inquiry is made in respect of any College or Institution admitted to the privileges of the University, address the management concerned through the Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. 1. Sub-section (3) omitted by Act 25 of 1995, s. 2 (w.e.f.11-6-1995). 6 ----- (9) The Executive Council or the management, as the case may be, shall communicate, through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. (10) Where, the Executive Council or the management, does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council or the management, issue such directions as he may think fit and the Executive Council or the management, as the case may be, shall comply with such directions. (11) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. (12) The Visitor shall have such other powers as may be prescribed by the Statutes. **9. The Chief Rector.—The Governor of the State of Assam 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. 7 ----- (4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken in not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final. (5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. **13. The Pro-Vice-Chancellor.—The 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 agreement, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the 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 the 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 Planning Board; (5) the Boards of Schools; (6) the Finance Committee; and (7) such other authorities as may be declared by the Statutes to be the 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. 8 ----- **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 the Ordinances, co-ordinate and exercise general supervision over the academic polices of the University. (2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes. **22.** (1) The Planning Board.—The Planning Board shall be the principal planning body of the University. (2) The constitution of the Planning Board, term of office of its members and its powers and functions shall be prescribed by the Statutes. **23. The Boards of Schools.—The constitution, powers and functions of the Boards of Schools shall** be prescribed by the Statutes. **24. The Finance Committee.—The constitution, powers and functions of the Finance Committee** shall be prescribed by the Statutes. **25. Other authorities of the University.—The constitution, powers and functions of other** authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes. **26. 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 up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers, academic staff and other employees of the University and their emoluments; (e) the appointment of teachers, academic staff working in any other University or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action; (g) the principles governing the seniority of service of the employees of the University; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University; (j) the conferment of autonomous status on a College or an Institution or a Department; (k) the establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Institutions; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the conditions under which Colleges and Institutions may be admitted to the privileges of the University and the withdrawal of such privileges; (o) the institution of fellowships, scholarships, studentships, medals and prizes; (p) the delegation of powers vested in the authorities or officers of the University; 9 ----- (q) the maintenance of discipline among the employees and students; (r) all other matters which by this Act are to be or may be provided for by the Statutes. **27. Statutes how to be 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 Statues 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 Statutes or addition to the Statute or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for consideration. (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. (5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to 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. (6) Notwithstanding anything contained in the foregoing sub-section, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably. **28. Power to make 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 for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; (j) the 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; 10 ----- (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; (q) the setting up of a machinery for redressal of grievances of employees; and (r) 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. **29. Regulations.— 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. **30. Annual report.—(1) The annual report of the University shall be prepared under the direction of** the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Visitor alongwith its comments, if any. (3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament. **31. 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 or by such persons as he may authorise in this behalf. (2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Visitor along with the observations of the Executive Council. (3) Any observations made by the Visitor on the annual accounts shall be brought 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 annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament. (5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Gazette of India. **32. Conditions of service of employees.—(1) Every employee of the University shall be appointed** under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. 11 ----- (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor. (3) The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal. (4) Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (2 of 1940). (5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes. **33. 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-sections (2), (3), (4) and (5) of section 32 shall, as far as may be, apply to a reference made under this sub-section. **34. Right to appeal.—Every employee or student of the University or of a College or Institution** maintained by the University or admitted to its privileges shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against. **35. Provident and pension funds.—(1) The University shall constitute for the benefit of its** employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund, as if it were a Government provident fund. **36. 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. **37. 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 person, if any, as the authority in each case may think fit. **38. 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 may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant and person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. **39. 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. 12 ----- **40.** **Protection of action taken in good faith.—No suit or other legal proceedings shall lie against** any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances. **41. 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, resolution or 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. **42. 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 three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **43. 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 first Planning Board shall consist of not more than ten members, who shall be nominated by the Visitor and they shall hold office for a term of three years; (e) 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 22; (f) the first Academic Council shall consist of not more than twenty-one members, who shall be nominated by the Visitor and they shall hold office for a term of three years: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the 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. **44. Completion of courses of studies 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 an Institution, who, immediately before the admission of such College or Institution to the privileges of the University, was studying for a degree, diploma or certificate of Gauhati University or Dibrugarh University, shall be permitted by the University, to complete his course for that degree, diploma or certificate, as the case may be, and the Assam University and such College or Institution shall provide for the instructions and examination of such student in accordance with the syllabus of studies of Gauhati University or Dibrugarh University, as the case may be. 13 ----- **45. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid** **before Parliament.—(1) Every Statute, Ordinance or Regulation made under this Act shall be published** in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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. (3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or Regulation may be applicable. 14 ----- THE SCHEDULE (See section 27) THE STATUTES OF THE UNIVERSITY _The Chancellor_ 1. (1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst persons of eminence in the academic or public life of the country: Provided that if the Visitor does not approve of any of the persons so recommended he may call for fresh recommendations from the Executive Council. (2) The Chancellor shall hold office for a term of five years and shall not be eligible for reappointment: Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office. _The Vice-Chancellor_ 2. (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2): Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for a fresh panel. (2) The Committee referred to in clause (1), shall consist of three persons, none of whom shall be an employee of the University or a member of the Court, the Executive Council or the Academic Council or connected with an institution recognised by or associated with the University and out of the three persons, two shall be nominated by the Executive Council and one by the Visitor and the nominee of the Visitor shall be the convenor of the Committee. (3) The Vice-Chancellor shall be a whole-time salaried officer of the University. (4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for reappointment: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: Provided further that the Visitor may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him. (5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:— (i) The Vice-Chancellor shall be paid a monthly salary and allowances other than the house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence. (ii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Executive Council with the approval of the Visitor from time to time: Provided that where an employee of the University or a College or an Institution maintained by or affiliated to it, or of any other University or any Institution maintained by or affiliated to such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before its appointment as the Vice-Chancellor: Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme. 15 ----- (iii) The Vice-Chancellor shall be entitled to travelling allowance at such rate as may be fixed by the Executive Council. (iv) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall he credited to his account in advance in two half-yearly instalments of fifteen days each on the 1st day of January and July every year: Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service. (v) In addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed year of service. This half pay leave may also be availed of as commuted leave on full pay on medical certificate. When commuted leave is availed, twice the amount of half pay leave shall be debited against half pay leave due. (6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor: Provided that if the Pro-Vice-Chancellor is not available, the senior-most Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assume office or the Vice-Chancellor attends to the duties of his office, as the case may be. _Powers and duties of the Vice-Chancellor_ 3. (1) The Vice-Chancellor shall be _ex officio Chairman of the Executive Council, the Academic_ Council, the Planning Board and the Finance Committee and shall, in the absence of the Chancellor, preside at the convocations held for conferring degrees. (2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed, and he shall have all the powers necessary to ensure such observance. (4) The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect to the decisions of all the authorities of the University. (5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he may deem fit. (6) The Vice-Chancellor shall have the power to convene or cause to be convened the meeting of the Executive Council, the Academic Council, the Planning Board and the Finance Committee. _Pro-Vice-Chancellor_ 4. (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: 16 ----- Provided that a Pro-Vice-Chancellor whose term of office has expired shall be eligible for reappointment: Provided further that, in any case, a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years: Provided also that the Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause (6) of Statute 2, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until 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. _Registrar_ 5. (1) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment. (3) 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. (4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence, or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure of 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 power 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. 17 ----- (6) The Registrar shall be ex officio Secretary of the Executive Council, the Academic Council and the Planning Board, but shall not be deemed to be a member of any of these authorities and he shall be _ex officio Member-Secretary of the Court._ (7) It shall be the duty of the Registrar— (a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charges; (b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Planning Board and of any Committees appointed by those authorities; (c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the Planning Board and of any Committees appointed by those authorities; (d) to conduct the official correspondence of the Court, the Executive Council, the Academic Council and the Planning Board; (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 the Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Executive Council or the Vice-Chancellor. _The Finance Officer_ 6. (1) The Finance Officer shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment. (3) 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. (4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) The Finance Officer shall be _ex officio Secretary of the Finance Committee, but shall not be_ deemed to be a Member of such Committee. (6) The Finance Officer shall— (a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and (b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances. 18 ----- (7) Subject to the control of the Executive Council, the Finance Officer shall— (a) hold and manage the property and investments of the University including trust and endowed property; (b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of the collection of revenue and advise on the methods of collection employed; (f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Special Centres, Specialised Laboratories, Colleges and Institutions maintained by the University; (g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for from any office, Centre, Laboratory, College or Institution maintained by the University any information or returns that he may consider necessary for the performance of his duties. (8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money. _Deans of Schools of Studies_ 7. (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 reappointment: 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 Dean 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 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 and shall have such other functions as may be prescribed by the Ordinances. (4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof. _Heads of Departments_ 8. (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: 19 ----- 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 reappointment. (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 duties as may be prescribed by the Ordinances. _Proctors_ 9. (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 reappointment. _Librarian_ 10. (1) The Librarian shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time officer of the University. (2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council. _Meetings of the Court_ 11. (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, Pro-Vice-Chancellor or if there is no Pro-Vice-Chancellor, by the Registrar. _Quorum for meetings of the Executive Council_ 12. Five members of the Executive Council shall from a quorum for a meeting of the Executive Council. _Powers and functions of the Executive Council_ 13. (1) The Executive Council shall have the power of 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, the Statutes and the Ordinances, the Executive Council shall in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and 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; 20 ----- (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 the 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, share or securities, from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time; (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-Chancellor, the Deans, 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 provide for the appointment of Visiting Professors, Emeritus Professors; Consultants and Scholars and determine the terms and conditions of such appointments; (xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the Act, or the Statutes. _Quorum for meetings of the Academic Council_ 14. Nine Members of the Academic Council shall form a quorum for a meeting of the Academic Council. 21 ----- _Powers of the Academic Council_ 15. Subject to the Act, the 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 instructions, 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 the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance. _The Planning Board_ 16. (1) The Planning Board shall be the principal planning body of the University and shall be responsible for— (a) reviewing the educational programmes offered by the University; (b) organising the structure of education in the University so as to provide opportunities to students to offer different combinations of subjects appropriate for the development of personality and skills for useful work in society; (c) creating an atmosphere and environment conducive to value-oriented education; and (d) developing new teaching-learning processes which will combine the lectures, tutorials, seminars, demonstrations, self-studies and collective practical projects. (2) The Planning Board shall have the power to advise on the development of the University and review the progress implementation of programmes so as to ascertain whether they are on the lines recommended by it and shall also have the power to advise the Executive Council and the Academic Council on any matter in connection therewith. (3) The Academic Council and the Executive Council shall be bound to consider the recommendations of the Planning Board and shall implement such of the recommendations as are accepted by it. (4) Such of those recommendations of the Planning Board as have not been accepted by the Executive Council or the Academic Council under clause (3) shall be submitted by the Vice-Chancellor along with the recommendations of the Executive Council or the Academic Council, to the Visitor for advice and the advice of the Visitor shall be implemented by the Executive Council or the Academic Council, as the case may be. (5) The Planning Board may constitute such committees as may be necessary for planning and monitoring the programmes of the University. _Schools of Studies and Departments_ 17. (1) The University shall have such Schools of Studies as may be specified by the Ordinances. (2) Every School shall have a School Board and 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. 22 ----- (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 the 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; (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. _Board of Studies_ 18. (1) Each Department shall have a Board of Studies. (2) The constitution of a Board of Studies and the term of office of its members shall be prescribed by the Ordinances. (3) The functions of a Board of Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances— (a) courses of studies and appointment of examiners for courses, but excluding research degrees; (b) appointment of supervisors of research; and (c) measures for the improvement of the standard of teaching and research: Provided that the above functions of a Board of Studies shall, during the period of three years immediately after the commencement of the Act, be performed by the Department. _Finance Committee_ 19. (1) The Finance Committee shall consist of the following members, namely:— (i) the Vice-Chancellor; (ii) the Pro-Vice-Chancellor; (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 thrice every year to examine the accounts and to scrutinise proposals for expenditure. (6) All proposals relating to creation of posts, and those items which have not been included in the Budget, should be examined by the Finance Committee before they are considered by the Executive Council. 23 ----- (7) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). _Selection Committees_ 20. (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions maintained by the University. (2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, Pro-Vice-Chancellor, a nominee of the Visitor and the persons specified in the corresponding entry in column 2 of the said Table: TABLE 1 2 Professor (i) The 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) (ii) (iii) Registrar, Finance Officer (i) (ii) Librarian (i) (ii) Principal of College or Institution maintained by the University The Head of the Department concerned. One Professor to be nominated by the Vice-Chancellor. 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 a Lecturer will be concerned. Two members of the Executive Council nominated by it; and One person not in the service of the University nominated by the Executive Council. Two persons not in the service of the University, who have special knowledge of the subject of the Library Science/Library Administration to be nominated by the Executive Council. One person not in the service of the University, nominated by the Executive Council. 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. 24 ----- 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. 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 shall preside at the meetings of a Selection Committee: Provided that the meetings of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor’s nominee and the persons nominated by the Executive Council under clause (2): Provided further that the proceedings of the Selection Committee shall not be valid unless,— (a) where the number of Visitor's nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and (b) where the number of Visitor's nominee and the persons nominated by the Executive Council is three in all, at least two of them attend the meeting. (4) The meeting of a Selection Committee shall be convened by the Vice-Chancellor or in his absence by the 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 sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment. (iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee of a regular Selection Committee, for a temporary or permanent appointment, as the case may be. _Special mode of appointment_ 21. (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 others academic post in the 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. 25 ----- (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. _Appointment for a fixed tenure_ 22. 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. _Recognised teachers_ 23. (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 the Ordinances made in that behalf. (5) The Academic Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher: Provided that no such resolution shall be passed until notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the Academic 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. _Committees_ 24. (1) Any authority of the University may appoint as many standing or special Committees as it may deam fit, and may appoint to such Committees persons who are not members of such authority. (2) Any such Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing. _Terms and conditions of service and code of conduct of the teachers, etc._ 25. (1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2) Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances. (3) A copy of every contract referred to in clause (2) shall be deposited with the Registrar. _Terms and conditions of service and code of conduct of other employees_ 26. All the employees of the University, other than the teachers and other academic staff of the University, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statues, the Ordinances and the Regulations. 26 ----- _Seniority list_ 27. (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the Executive Council may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1). (3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Executive Council whose decision thereon shall be final. _Removal of employees of the University_ 28. (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of the teacher or member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee, may, by order in writing place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order. (2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Executive Council in respect of teachers and other academic staff, and the appointing authority, in respect of other employees, shall have the power to remove a teacher or a member of the academic staff, or as the case may be, other employee on grounds of misconduct. (3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months’ notice or on payment of three months' salary in lieu thereof. (4) No teacher, member of the academic staff or other employee shall be removed under cause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made: Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension. (6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,— (a) if he is a permanent employee, only after giving three months’ notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof; 27 ----- (b) if he is not a permanent employee, only after giving one month's notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month’s salary in lieu thereof: Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be. _Honorary degrees_ 29. (1) The Executive Council may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees: Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals. (2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University. _Withdrawal of degrees, etc._ 30. 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. _Maintenance of discipline among students of the University_ 31. (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 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 Department or a School 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, 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, Schools and teaching Departments in the University as may be necessary for the proper conduct of such Colleges, Institutions, 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, 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. (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. 28 ----- _Maintenance of discipline among Students of Colleges, etc._ 32. 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. _Admission of Colleges, etc., to the privileges of the University_ 33. (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 recommendation of the Academic Council made after considering the report of a Committee of Inspection appointed for the purpose by the Academic Council. (iv) Colleges and Institutions desirous of admission to any privileges of the University shall be required to intimate their intention to do so in writing so as to reach the Registrar not later than the 15th August, preceding the year from which permission applied for is to have effect. (v) A College or an Institution shall not, without the previous permission of the Executive Council 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 noting in this clause shall apply to Colleges and Institutions maintained by Government. (4) Every College or Institution admitted to the privilege of the University shall be inspected at least once in every two academic years by a Committee appointed by the Academic Council, and the report of the Committee shall be submitted to the Academic Council, which shall forward the same to the Executive Council with such recommendations as it may deem fit to make. 29 ----- (5) The Executive Council, after considering the report and the recommendations, if any, of the Academic Council, shall forward a copy of the report of the Governing Body of the College or Institution with such remarks, if any, as it may deem fit for suitable action. (6) The Executive Council may, after consulting the Academic Council, withdraw any privileges granted to a College or an Institution, at any time it considers that the College or Institution does not satisfy any of the conditions on the fulfilment of which the College or Institution was admitted to such privileges: Provided that before any privileges are so withdrawn, the Governing Body of the College or Institution concerned shall be given an opportunity to represent to the Executive Council why such action should not be taken. (7) Subject to the conditions set forth in clause (1), the Ordinances may prescribe— (i) such other conditions as may be considered necessary; (ii) the procedure for the admission of Colleges and Institutions to the privileges of the University and for the withdrawal of those privileges. _Convocations_ 34. 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. _Acting Chairman of meetings_ 35. 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. _Resignation_ 36. 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. _Disqualifications_ 37. (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University,— (i) if he is of unsound mind; (ii) if he is an undischarged insolvent; (iii) if he has been convicted by a court of law of an offence involving 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 to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision. _Residence condition for membership and office_ 38. Notwithstanding anything contained in the Statues, a 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. _Membership of authorities by virtue of membership of other bodies_ 39. Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. 30 ----- _Alumni Association_ 40. (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 degree holder 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 _Students’ Council_ 41. (1) There shall be constituted in the University, a Students’ Council for every academic year, consisting of: (i) the Dean of Students’ Welfare who shall be the Chairman of the Students’ Council; (ii) all students who have won prizes in the previous academic year in the fields of studies, fine arts, sports and extension work; (iii) twenty students to be nominated by the Academic Council on the basis of merit in studies, sports, activities and all-round development of personality: Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students’ Council if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration. (2) The functions of the Students’ Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students’ welfare and other matters of importance in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion. (3) The Students’ Council shall meet at least once in an academic year preferably in the beginning of that year. _Ordinances how made_ 42. (1) The first Ordinances made under sub-section (2) of section 28 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 28, 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 reaffirmed by the 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. 31 ----- _Regulations_ 43. (1) The authorities of the University may make Regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely:— (i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (ii) providing for all matters which are required by the Act, the Statutes or the Ordinances to be prescribed by Regulations; (iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the Act, the Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Executive Council may direct the amendment in such manner as it may specify, of any Regulation made under the Statutes or the annulment of any such Regulation. _Delegation of powers_ 44. Subject to the provisions of the Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. 32 -----

3-Jun-1989

24

The Railways Act, 1989

https://www.indiacode.nic.in/bitstream/123456789/1908/5/a1989-24.pdf

central

# THE RAILWAYS ACT, 1989 ____________ # ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. CHAPTER II RAILWAY ADMINISTRATIONS 3. Zonal Railways. 4. Appointment of General Manager. CHAPTER IIA RAIL LAND DEVELOPMENT AUTHORITY 4A. Establishment of Railway Land Development Authority. 4B. Composition of Authority. 4C. Terms and conditions of appointment of Vice-Chairman and other Members. 4D. Functions of Authority. 4E. Powers of Authority to enter into agreements and execute contracts. 4F. Procedure of transaction of business of Authority. 4G. Appointment of officers and other employees of Authority. 4H. Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India. 4-I. Power of Authority to make regulations. CHAPTER III COMMISSIONERS OF RAILWAY SAFETY 5. Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway Safety. 6. Duties of Commissioner. 7. Powers of Commissioner. 8. Commissioner to be public servant. 9. Facilities to be afforded to Commissioners. 10. Annual report of Commissioners. CHAPTER IV CONSTRUCTION AND MAINTENANCE OF WORKS 11. Power of railway administrations to execute all necessary works. 12. Power to alter the position of pipe, electric supply line drain or sewer, etc. 13. Protection for Government property. 1 ----- SECTIONS 14. Temporary entry upon land to remove obstruction, to repair or to prevent accident. 15. Payment of amount for damage or loss. 16. Accommodation works. 17. Power of owner, occupier, State Government or local authority to cause additional accommodation works to be made. 18. Fences, gates and bars. 19. Overbridges and underbridges. 20. Power of Central Government to give directions for safety. CHAPTER IVA LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT 20A. Power to acquire land, etc. 20B. Power to enter for survey, etc. 20C. Evaluation of damages during survey, measurement, etc. 20D. Hearing of objections, etc. 20E. Declaration of acquisition. 20F. Determination of amount payable as compensation. 20G. Criterion for determination of market-value of land. 20H. Deposit and payment of amount. 20-I. Power to take possession. 20J. Right to enter into land where land has vested in Central Government. 20K. Competent authority to have certain powers of civil court. 20L. Utilisation of land for the purpose it is acquired. 20M. Sharing with landowners the difference in price of a land when transferred for a higher consideration. 20N. Land Acquisition Act 1 of 1894 not to apply. 20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons affected due to land acquisition. 20P. Power to make rules in respect of matters in this Chapter. CHAPTER V OPENING OF RAILWAYS 21. Sanction of the Central Government to the opening of railway. 22. Formalities to be complied with before giving sanction to the opening of a railway. 23. Sections 21 and 22 to apply to the opening of certain works. 24. Temporary suspension of traffic. 25. Power to close railway opened for the public carriage of passengers. 26. Re-opening of closed railway. 27. Use of rolling stock. 28. Delegation of powers. 29. Power to make rules in respect of matters in this Chapter. 2 ----- CHAPTER VI FIXATION OF RATES SECTIONS 30. Power to fix rates. 31. Power to classify commodities or alter rates. 32. Power of railway administration to charge certain rates. CHAPTER VII RAILWAY RATES TRIBUNAL 33. Constitution of the Railway Rates Tribunal. 34. Staff of the Tribunal. 35. Sittings of the Tribunal. 36. Complaints against a railway administration. 37. Matters not within the jurisdiction of the Tribunal. 38. Powers of the Tribunal. 39. Reference to the Tribunal. 40. Assistance by the Central Government. 41. Burden of proof, etc. 42. Decision, etc., of the Tribunal. 43. Bar of jurisdiction of courts. 44. Reliefs which the Tribunal may grant. 45. Revision of decisions given by the Tribunal. 46. Execution of decisions or orders of the Tribunal. 47. Report to the Central Government. 48. Power of the Tribunal to make regulations. CHAPTER VIII CARRIAGE OF PASSENGERS 49. Exhibition of certain timings and tables of fares at stations. 50. Supply of tickets on payment of fare. 51. Provision for case in which ticket is issued for class or train not having accommodation for additional passengers. 52. Cancellation of ticket and refund. 53. Prohibition against transfer of certain tickets. 54. Exhibition and surrender of passes and tickets. 55. Prohibition against travelling without pass or ticket. 56. Power to refuse to carry persons suffering from infectious or contagious diseases. 57. Maximum number of passengers for each compartment. 58. Earmarking of compartment, etc., for ladies. 59. Communications between passengers and railway servant in charge of train. 60. Power to make rules in respect of matters in this Chapter. 3 ----- CHAPTER IX CARRIAGE OF GOODS SECTIONS 61. Maintenance of rate-books, etc., for carriage of goods. 62. Conditions for receiving, etc., of goods. 63. Provisions of risk rates. 64. Forwarding note. 65. Railway receipt. 66. Power to require statement relating to the description of goods. 67. Carriage of dangerous or offensive goods. 68. Carriage of animals suffering from infectious or contagious diseases. 69. Deviation of route. 70. Prohibition of undue preference. 71. Power to give direction in regard to carriage of certain goods. 72. Maximum carrying capacity for wagons and trucks. 73. Punitive charge for overloading a wagon. 74. Passing of property in the goods covered by railway receipt. 75. Section 74 not to affect right of stoppage in transit or claims for freight. 76. Surrender of railway receipt. 77. Power of railway administration to deliver goods or sale proceeds thereof in certain cases. 78. Power to measure, weigh, etc. 79. Weighment of consignment on request of the consignee or endorsee. 80. Liability of railway administration for wrong delivery. 81. Open delivery of consigrments. 82. Partial delivery of consignments. 83. Lien for freight or any other sum due. 84. Unclaimed consignment. 85. Disposal of perishable consignments in certain circumstances. 86. Sales under sections 83 to 85 not to affect the right to suit. 87. Power to make rules in respect of matters in this Chapter. CHAPTER X SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS 88. Definitions. 89. Power to declare notified stations. 90. Disposal of unremoved goods at notified stations. 91. Price to be paid to person entitled after deducting dues. 92. Power to make rules in respect of matters in this Chapter. CHAPTER XI RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS 93. General responsibility of a railway administration as carrier of goods. 94. Goods to be loaded or delivered at a siding not belonging to a railway administration. 4 ----- SECTIONS 95. Delay or detention in transit. 96. Traffic passing over railways in India and railways in foreign countries. 97. Goods carried at owner’s risk rate. 98. Goods in defective condition or defectively packed. 99. Responsibility of a railway administration after termination of transit. 100. Responsibility as carrier of luggage. 101. Responsibility as a carrier of animals. 102. Exoneration from liability in certain cases. 103. Extent of monetary liability in respect of any consignment. 104. Extent of liability in respect of goods carried in open wagon. 105. Right of railway administration to check contents of certain consignment or luggage. 106. Notice of claim for compensation and refund of overcharge. 107. Applications for compensation for loss, etc., of goods. 108. Person entitled to claim compensation. 109. Railway administration against which application for compensation for personal injury is to be filed. 110. Burden of proof. 111. Extent of liability of railway administration in respect of accidents at sea. 112. Power to make rules in respect of matters in this Chapter. CHAPTER XII ACCIDENTS 113. Notice of railway accident. 114. Inquiry by Commissioner. 115. Inquiry by railway administration. 116. Powers of Commissioner in relation to inquiries. 117. Statement made before Commissioner. 118. Procedure, etc. 119. No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed. 120. Inquiry into accident not covered by section 113. 121. Returns. 122. Power to make rules in respect of matters in this Chapter. CHAPTER XIII LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS 123. Definitions. 124. Extent of liability. 124A. Compensation on account of untoward incidents. 125. Application for compensation. 126. Interim relief by railway administration. 127. Determination of compensation in respect of any injury or loss of goods. 128. Saving as to certain rights. 5 ----- SECTIONS 129. Power to make rules in respect of matters in this Chapter. CHAPTER XIV REGULATION OF HOURS OF WORK AND PERIOD OF REST 130. Definitions. 131. Chapter not to apply to certain railway servants. 132. Limitation of hours of work. 133. Grant of periodical rest. 134. Railway servant to remain on duty. 135. Supervisors of railway labour. 136. Power to make rules in respect of matters in this Chapter. CHAPTER XV PENALTIES AND OFFENCES 137. Fraudulently travelling or attempting to travel without proper pass or ticket. 138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance. 139. Power to remove persons. 140. Security for good behaviour in certain cases. 141. Needlessly interfering with means of communication in a train. 142. Penalty for transfer of tickets. 143. Penalty for unauthorised carrying on of business of procuring and supplying of railway tickets. 144. Prohibition on hawking, etc., and begging. 145. Drunkenness or nuisance. 146. Obstructing railway servant in his duties. 147. Trespass and refusal to desist from trespass. 148. Penalty for making a false statement in an application for compensation. 149. Making a false claim for compensation. 150. Maliciously wrecking or attempting to wreck a train. 151. Damage to or destruction of certain railway properties. 152. Maliciously hurting or attempting to hurt persons travelling by railway. 153. Endangering safety of persons travelling by railway by wilful act or omission. 154. Endangering safety of persons travelling by railway by rash or negligent act or omission. 155. Entering into a compartment reserved or resisting entry into a compartment not reserved. 156. Travelling on roof, step or engine of a train. 157. Altering or defacing pass or ticket. 158. Penalty for contravention of any of the provisions of Chapter XIV. 159. Disobedience of drivers or conductors of vehicles to directions of railway servant, etc. 160. Opening or breaking a level crossing gate. 161. Negligently crossing unmanned level crossing. 162. Entering carriage or other place reserved for females. 163. Giving false account of goods. 6 ----- SECTIONS 164. Unlawfully bringing dangerous goods on a railway. 165. Unlawfully bringing offensive goods on a railway. 166. Defacing public notices. 167. Smoking. 168. Provision with respect to commission of offence by the children of acts endangering safety of person travelling on railway. 169. Levy of penalty on non-Government railway. 170. Recovery of penalty. 171. Section 169 or 170 not to preclude Central Government from taking any other action. 172. Penalty for intoxication. 173. Abandoning train, etc., without authority. 174. Obstructing running of train, etc. 175. Endangering the safety of persons. 176. Obstructing level crossing. 177. False returns. 178. Making a false report by a railway servant. 179. Arrest for offences under certain sections. 180. Arrest of persons likely to abscond, etc. 180A. Inquiry by officer authorised to ascertain commission of offence. 180B. Powers of officer authorised to inquire. 180C. Disposal of persons arrested. 180D. Inquiry how to be made against arrested person. 180E. Search, seizure and arrest how to be made. 180F. Cognizance by Court on a complaint made by officer authorised. 180G. Punishment for certain offences in relation to inquiry. 181. Magistrate having jurisdiction under the Act. 182. Place of trial. CHAPTER XVI MISCELLANEOUS 183. Power to provide other transport services. 184. Taxation on railways by local authorities. 185. Taxation on railways for advertisement. 186. Protection of action taken in good faith. 187. Restriction on execution against railway property. 188. Railway servants to be public servants for the purposes of Chapter IX and section 409 of the Indian Penal Code. 189. Railway servants not to engage in trade. 190. Procedure for delivery to railway administration of property detained by a railway servant. 191. Proof of entries in records and documents. 192. Service of notice, etc., on railway administration. 193. Service of notice, etc., by railway administration. 194. Presumption where notice is served by post. 195. Representation of railway administration. 196. Power to exempt railway from Act. 7 ----- SECTIONS 197. Matters supplemental to the definitions of “railway” and “railway servant”. 198. General power to make rules. 199. Rules to be laid before Parliament. 200. Repeal and saving. 8 ----- # THE RAILWAYS ACT, 1989 ACT NO. 24 OF 1989 An Act to consolidate and amend the law relating to Railways. [3rd June, 1989.] BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Railways Act, 1989.** (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, 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.—In this Act, unless the context otherwise requires,—** (1) “authorised” means authorised by a railway administration; 2[(1A) “Authority” means the Rail Land Development Authority constituted under section 4A;] (2) “carriage” means the carriage of passengers or goods by a railway administration; (3) “Claims Tribunal” means the Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act, 1987 (54 of 1987); (4) “classification” means the classification of commodities made under section 31 for the purpose of determining the rates to be charged for carriage of such commodities; (5) “class rates” means the rate fixed for a class of commodity in the classification; (6) “Commissioner” means the Chief Commissioner of Railway Safety or the Commissioner of Railway Safety appointed under section 5; (7) “commodity” means a specific item of goods; 3[(7A) “competent authority” means any person authorised by the Central Government, by notification, to perform the functions of the competent authority for such area as may be specified in the notification;] (8) “consignee” means the person named as consignee in a railway receipt; (9) “consignment” means goods entrusted to a railway administration for carriage; (10) “consignor” means the person, named in a railway receipt as consignor, by whom or on whose behalf goods covered by the railway receipt are entrusted to a railway administration for carriage; (11) “demurrage” means the charge levied for the detention of any rolling stock after the expiry of free time, if any, allowed for such detention; (12) “endorsee” means the person in whose favour an endorsement is made, and in the case of successive endorsements, the person in whose favour the last endorsement is made; (13) “endorsement” means the signing by the consignee or the endorsee after adding a direction on a railway receipt to pass the property in the goods mentioned in such receipt to a specified person; 1. 1st July, 1990, vide notification No. S.O. 475(E), dated 12th June, 1990, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. Ins. by Act 47 of 2005, s. 2 (w.e.f. 30-8-2006). 3. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008). 9 ----- (14) “fare” means the charge levied for the carriage of passengers; (15) “ferry” includes a bridge of boats, pontoons or rafts, a swing bridge, a fly-bridge and a temporary bridge and the approaches to, and landing places of, a ferry; (16) “forwarding note” means the document executed under section 64; (17) “freight” means the charge levied for the carriage of goods including transhipment charges, if any; (18) “General Manager” means the General Manager of a Zonal Railway appointed under section 4; (19) “goods” includes— (i) containers, pallets or similar articles of transport used to consolidate goods; and (ii) animals; (20) “Government railway” means a railway owned by the Central Government; (21) “in transit”, in relation to the carriage of goods by railway, means the period between the commencement and the termination of transit of such goods, and unless otherwise previously determined— (a) transit commences as soon as the railway receipt is issued or the consignment is loaded, whichever is earlier; (b) transit terminates on the expiry of the free time allowed for unloading of consignment from any rolling stock and where such unloading has been completed within such free time, transit terminates on the expiry of the free time allowed, for the removal of the goods from the railway premises; (22) “level crossing” means an inter-section of a road with lines of rails at the same level; (23) “luggage” means the goods of a passenger either carried by him in his charge or entrusted to a railway administration for carriage; (24) “lump sum rate” means the rate mutually agreed upon between a railway administration and a consignor for the carriage of goods and for any service in relation to such carriage; (25) “non-Government railway” means a railway other than a Government railway; (26) “notification” means a notification published in the Official Gazette; 1[(26A) “officer authorised” means an officer authorised by the Central Government under sub-section (2) of section 179;] (27) “parcel” means goods entrusted to a railway administration for carriage by a passenger or a parcel train; (28) “pass” means an authority given by the Central Government or a railway administration to a person allowing him to travel as a passenger, but does not include a ticket; (29) “passenger” means a person travelling with a valid pass or ticket; 2[(29A) “ person interested” includes,— (i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) tribals and other traditional forest dwellers, who have lost any traditional rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007); 1. Ins. by Act 51 of 2003, s. 2 (w.e.f. 1-7-2004). 2. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008). 10 ----- (iii) a person interested in an easement affecting the land; and (iv) persons having tenancy rights under the relevant State laws;] (30) “prescribed” means prescribed by rules made under this Act; (31) “railway” means a railway, or any portion of a railway, for the public carriage of passengers or goods, and includes— (a) all lands within the fences or other boundary marks indicating the limits of the land appurtenant to a railway; (b) all lines of rails, sidings, or yards, or branches used for the purposes of, or in connection with, a railway; (c) all electric traction equipments, power supply and distribution installations used for the purposes of, or in connection with, a railway; (d) all rolling stock, stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, roads and streets, running rooms, rest houses, institutes, hospitals, water works and water supply installations, staff dwellings and any other works constructed for the purpose of, or in connection with, railway; (e) all vehicles which are used on any road for the purposes of traffic of a railway and owned, hired or worked by a railway; and (f) all ferries, ships, boats and rafts which are used on any canal, river, lake or other navigable inland waters for the purposes of the traffic of a railway and owned, hired or worked by a railway administration, but does not include— (i) a tramway wholly within a municipal area; and (ii) lines of rails built in any exhibition ground, fair, park, or any other place solely for the purpose of recreation; (32) “railway administration”, in relation to— (a) a Government railway, means the General Manager of a Zonal Railway; and (b) a non-Government railway, means the person who is the owner or lessee of the railway or the person working the railway under an agreement; 1[(32A) “railway land” means any land in which a Government railway has any right, title or interest;] (33) “railway receipt” means the receipt issued under section 65; (34) “railway servant” means any person employed by the Central Government or by a railway administration in connection with the service of a railway [2][including member of the Railway Protection Force appointed under clause (c) of sub-section (1) of section 2 of the Railway Protection Force Act, 1957 (23 of 1957)]; (35) “rate” includes any fare, freight or any other charge for the carriage of any passenger or goods; (36) “regulations” means the regulations made by the Railway Rates Tribunal under this Act; 1. Ins. by Act 47 of 2005, s. 2 (w.e.f. 30-8-2006) 2. Ins. by Act 51 of 2003, s. 2 (w.e.f. 1-7-2004). 11 ----- (37) “rolling stock” includes locomotives, lenders, carriages, wagons, rail-cars, containers, trucks, trolleys and vehicles of all kinds moving on rails; 1[(37A) “special railway project” means a project notified as such by the Central Government from time to time, for providing national infrastructure for a public purpose in a specified time-frame, covering one or more States or the Union territories;] (38) “station to station rate” means a special reduced rate applicable to a specific commodity booked between specified stations; (39) “traffic” includes rolling stock of every description, as well as passengers and goods; (40) “Tribunal” means the Railway Rates Tribunal constituted under section 33; (41) “wharfage” means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal; (42) “Zonal Railway” means a Zonal Railway constituted under section 3. CHAPTER II RAILWAY ADMINISTRATIONS **3. Zonal Railways.—(1) The Central Government may, for the purpose of the efficient** administration of the Government railways, by notification constitute such railways into as many Zonal Railways as it may deem fit and specify in such notification the names and headquarters of such Zonal Railways and the areas in respect of which they shall exercise jurisdiction. (2) The Zonal Railway existing immediately before the commencement of this Act shall be deemed to be Zonal Railways constituted under sub-section (1). (3) The Central Government may, by notification, declare any unit of the railways engaged in research, development, designing, construction or production of rolling stock, its parts or other equipment used on a railway, to be a Zonal Railway. (4) The Central Government may, by notification, abolish any Zonal Railway or constitute any new Zonal Railway out of any existing Zonal Railway or Zonal Railways, change the name or headquarters of any Zonal Railway or determine the areas in respect of which a Zonal Railway shall exercise jurisdiction. **4. Appointment of General Manager.—(1) The Central Government shall, by notification, appoint** a person to be the General Manager of a Zonal Railway. (2) The general superintendence and control of a Zonal Railway shall vest in the General Manager. 2[CHAPTER IIA RAIL LAND DEVELOPMENT AUTHORITY **4A. Establishment of Railway Land Development Authority.—The Central Government may, by** notification, establish an authority to be called the Rail Land Development Authority to exercise the powers and discharge the functions conferred on it by or under this Act. **4B. Composition of Authority.—(1) The Authority shall consist of a Chairman, Vice-Chairman and** not more than four other members. (2) The Member Engineering, Railway Board shall be the Chairman, ex officio, of the Authority. (3) The Vice-Chairman and three other members shall be appointed by the Central Government from amongst persons who are or have been working in the Civil Engineering, Finance and Traffic disciplines of any railway administration and having adequate experience in the relevant discipline as the Central Government may consider necessary. 1. Ins. by Act 11 of 2008, s. 2 (w.e.f. 31-1-2008). 2. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006). 12 ----- (4) The Central Government shall also appoint a member who shall be a person from outside the railway administration and having adequate experience in such field as it may consider necessary. **4C. Terms and conditions of appointment of Vice-Chairman and other Members.—The terms** and conditions of appointment of the Vice-Chairman and the other Members of the Authority, other than the Chairman, and the manner of filling casual vacancies among them shall be such as may be prescribed. **4D. Functions of Authority.—(1) The Authority shall discharge such functions and exercise such** powers of the Central Government in relation to the development of railway land and as are specifically assigned to it by the Central Government. (2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may assign to the Authority all or any of the following functions, namely:— (i) to prepare scheme or schemes for use of railway land in conformity with the provisions of this Act; (ii) to develop railway land for commercial use as may be entrusted by the Central Government for the purpose of generating revenue by non-tariff measures; (iii) to develop and provide consultancy, construction or management services and undertake operation in India in relation to the development of land and property; (iv) to carry out any other work or function as may be entrusted to it by the Central Government, by order in writing. **4E. Powers of Authority to enter into agreements and execute contracts.—Subject to such** directions as may be given to it by the Central Government, the Authority shall be empowered to enter into agreements on behalf of the Central Government and execute contracts. **4F. Procedure of transaction of business of Authority.—The Authority shall have power to** regulate, by means of regulations made by it, its own procedure (including quorum at its meetings) and the conduct of all business to be transacted by it, the constitution of Committees and Sub-Committees of Members and the delegation to them any of the powers (excluding the power to make regulations under this Chapter) and to perform duties of the Authority. **4G. Appointment of officers and other employees of Authority.—(1) For the purpose of enabling** it efficiently to discharge its functions under this Act, the Central Government shall provide the Authority with such officers and other employees, and the Authority shall, subject to the rules as may be made by the Central Government in this behalf, appoint, whether on deputation or otherwise, such number of officers and other employees as it may deem necessary. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Authority, shall be such as may be prescribed. **4H. Salaries, allowances, etc., to be defrayed out of Consolidated Fund of India.—The salaries** and allowances payable to the Vice-Chairman and other Members of the Authority and the administrative expenses including the salaries, allowances and pensions payable to the officers and other employees of the Authority shall be defrayed out of the Consolidated Fund of India. **4-I. Power of Authority to make regulations.—(1) The Authority may, with the previous approval** of the Central Government, make regulations, consistent with this Act and the rules made thereunder, for carrying out the provisions of this Chapter. (2) Every regulation made by the Authority under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if 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, 13 ----- that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] CHAPTER III COMMISSIONERS OF RAILWAY SAFETY **5. Appointment of Chief Commissioner of Railway Safety and Commissioners of Railway** **Safety.—The Central Government may appoint a person to be the Chief Commissioner of Railway Safety** and such other person as it may consider necessary to be the Commissioners of Railway Safety. **6. Duties of Commissioner.—The Commissioner shall—** (a) inspect any railway with a view to determine whether it is fit to be opened for the public carriage of passengers and report thereon to the Central Government as required by or under this Act; (b) make such periodical or other inspections of any railway or of any rolling stock used thereon as the Central Government may direct; (c) make an inquiry under this Act into the cause of any accident on a railway; and (d) discharge such other duties as are conferred on him by or under this Act. **7. Powers of Commissioner.—Subject to the control of the Central Government, the Commissioner,** whenever it is necessary so to do for any of the purposes of this Act, may— (a) enter upon and inspect any railway or any rolling stock used thereon; (b) by order in writing addressed to a railway administration, require the attendance before him of any railway servant and to require answers or returns to such inquiries as he thinks fit to make from such railway servant or from the railway administration; and (c) require the production of any book, document or material object belonging to or in the possession or control of any railway administration which appears to him to be necessary to inspect. **8. Commissioner to be public servant.—The Commissioner shall be deemed to be a public servant** within the meaning of section 21 of the Indian Penal Code (45 of 1860). **9. Facilities to be afforded to Commissioners.—A railway administration shall afford to the** Commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers imposed or conferred on him by or under this Act. **10. Annual report of Commissioners.—The Chief Commissioner of Railway Safety shall prepare in** each financial year an annual report giving a full account of the activities of the Commissioners during the financial year immediately preceding the financial year in which such report is prepared and forward, before such date as may be specified by the Central Government, copies thereof to the Central Government, and that Government shall cause that report to be laid, as soon as may be, after its receipt before each House of Parliament. CHAPTER IV CONSTRUCTION AND MAINTENANCE OF WORKS **11. Power of railway administrations to execute all necessary works.—Notwithstanding anything** contained in any other law for the time being in force, but subject to the provisions of this Act and the provisions of any law for the acquisition of land for a public purpose or for companies, and subject also, in the case of a non-Government railway, to the provisions of any contract between the non-Government railway and the Central Government, a railway administration may, for the purposes of constructing or maintaining a railway— (a) make or construct in or upon, across, under or over any lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, oil-pipes, sewers, electric supply lines, or telegraph lines, such temporary or permanent inclined-planes, bridges, tunnels, culverts, embankments, adequcts, bridges, roads, lines of 14 ----- rail, ways, passages, conduits, drains, piers, cuttings and fences, in-take wells, tube wells, dams, river training and protection works as it thinks proper; (b) alter the course of any rivers, brooks, streams or other water courses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them and divert or alter either temporarily or permanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them more conveniently over or under or by the side of the railway; (c) make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway; (d) erect and construct such houses, warehouses, offices and other buildings, and such yards, stations, wharves, engines, machinery apparatus and other works and conveniences as the railway administration thinks proper; 1[(da) developing any railway land for commercial use;] (e) alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead; (f) erect, operate, maintain or repair any telegraph and telephone lines in connection with the working of the railway; (g) erect, operate, maintain or repair any electric traction equipment, power supply and distribution installation in connection with the working of the railway; and (h) do all other acts necessary for making, maintaining, altering or repairing and using the railway. **12. Power to alter the position of pipe, electric supply line, drain or sewer, etc.—(1) A railway** administration may, for the purpose of exercising the powers conferred on it by this Act, alter the position of any pipe for the supply of gas, water, oil or compressed air, or the position of any electric supply line, drain or sewer: Provided that before altering the position of any such pipe, electric supply line, drain or sewer, the railway administration shall give a notice indicating the time at which the work of such alteration shall commence, to the local authority or other person having control over the pipe, electric supply line, drain or sewer. (2) The railway administration shall execute the work referred to in sub-section (1) to the reasonable satisfaction of the local authority or the person receiving the notice under the proviso to sub- section (1). **13. Protection for Government property.—Nothing in sections 11 and 12 shall authorise—** (a) a railway administration of the Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, a State Government without the consent of that Government; and (b) a railway administration of a non-Government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, the Central Government or a State Government, without the consent of the Government concerned. **14. Temporary entry, upon land to remove obstruction, to repair or to prevent accident.—(1)** Where in the opinion of a railway administration— (a) there is imminent danger that any tree, post or structure may fall on the railway so as to obstruct the movement of rolling stock; or (b) any tree, post, structure or light obstructs the view of any signal provided for movement of rolling stock; or 1. Ins. by Act 47 of 2005, s. 4 (w.e.f. 30-8-2006). 15 ----- (c) any tree, post or structure obstructs any telephone or telegraph line maintained by it, it may take such steps as may be necessary to avert such danger or remove such obstruction and submit a report thereof to the Central Government in such manner and within such time as may be prescribed. (2) Where in the opinion of a railway administration— (a) a slip or accident has occurred; or (b) there is apprehension of any slip or accident to any cutting, embankment or other work on a railway, it may enter upon any lands adjoining the railway and do all such works as may be necessary for the purpose of repairing or preventing such slip or accident and submit a report thereof to the Central Government in such manner and within such time as may be prescribed. (3) The Central Government may, after considering the report under sub-section (1) or sub-section (2), in the interest of public safety, by order, direct the railway administration that further action under sub-section (1) or sub-section (2) shall be stopped or the same shall be subject to such conditions as may be specified in that order. **15. Payment of amount for damage or loss.—(1) No suit shall lie against a railway administration** to recover any amount for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter. (2) A railway administration shall pay or tender payment for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this Chapter, and in case of a dispute as to the sufficiency of any amount so paid or tendered or as to the persons entitled to receive the amount, it shall immediately refer the dispute for the decision of the District Judge of the district and his decision thereon shall be final: Provided that where the railway administration fails to make a reference within sixty days from the date of commencement of the dispute, the District Judge may, on an application made to him by the person concerned, direct the railway administration to refer the dispute for his decision. (3) The reference under sub-section (2) shall be treated as an appeal under section 96 of the Code of Civil Procedure, 1908 (5 of 1908) and shall be disposed of accordingly. (4) Where any amount has been paid as required by sub-section (2), the railway administration shall, notwithstanding anything in any other law for the time being in force, be discharged from all liabilities to any person whatsoever in respect of any amount so paid. **16. Accommodation works.—(1) A railway administration shall make and maintain the following** works for the accommodation of the owners and occupiers of lands adjoining the railway, namely:— (a) such crossings, bridges, culverts and passages over, under or by the sides of, or leading to or from, the railway as may, in the opinion of the State Government, be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made; and (b) all necessary bridges, tunnels, culverts, drains, water sources or other passages, over, under or by the sides of the railway, of such dimensions as will, in the opinion of the State Government, be sufficient at all times to convey water as freely from or to the lands lying near or affected by the railway as it was before the making of the railway or as nearly as possible. (2) Subject to the other provisions of this Act, the works specified in sub-section (1) shall be made at the cost of the railway administration during or immediately after the laying out or formation of the railway over the lands traversed and in such a manner as to cause as little damage or inconvenience as possible to persons interested in the lands or affected by the works: Provided that— (a) a railway administration shall not be required to make any administration shall be liable to execute any further or additional the working or using of the railway, or to make any accommodation works with respect to which the owners or occupiers of the lands have been paid compensation in consideration of their not requiring the said works to be made; 16 ----- (b) save as hereinafter, in this Chapter, provided, no railway administration shall be liable to execute any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of ten years from the date on which the railway passing through the lands was first opened for public traffic; (c) where a railway administration has provided suitable accommodation work for the crossing of a road or stream and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the railway administration shall not be compelled to provide any other accommodation work for the crossing of such road or stream. (3) The State Government may specify a date for the commencement of any work to be executed under sub-section (1) and, if within three months next after that date, the railway administration fails to commence the work or having commenced it, fails to proceed diligently to execute it, the Central Government shall, on such failure being brought to its notice by the State Government, issue such directions to the railway administration as it thinks fit. _Explanation.—For the purposes of this section, the expression “lands” shall include public roads._ **17. Power of owner, occupier, State Government or local authority to cause additional** **accommodation works to be made.—(1) If an owner or occupier of any land affected by a railway** considers the works made under section 16 to be insufficient for the use of the land, or if the State Government or a local authority desires to construct a public road or other work across, under or over a railway, such owner or occupier, or, as the case may be, the State Government or the local authority may, at any time, require the railway administration to make at the expense of the owner or occupier or of the State Government or the local authority, as the case may be, such further accommodation works as are considered necessary and are agreed to by the railway administration. (2) The accommodation works made under sub-section (1) shall be maintained at the cost of the owner or occupier of the land, the State Government or the local authority, at whose request the works were made. (3) In the case of any difference of opinion between the railway administration and the owner or occupier, the State Government or the local authority, as the case may be, in relation to— (i) the necessity of such further accommodation works; or (ii) the expenses to be incurred on the construction of such further accommodation works; or (iii) the quantum of expenses on the maintenance of such further accommodation works, it shall be referred to the Central Government whose decision thereon shall be final. **18. Fences, gates and bars.—The Central Government may, within such time as may be specified by** it or within such further time, as it may grant, require that— (a) boundary marks or fences be provided or renewed by a railway administration for a railway or any part thereof and for roads constructed in connection therewith; (b) suitable gates, chains, bars, stiles or hand-rails be erected or renewed by a railway administration at level crossings; (c) persons be employed by a railway administration to open and shut gates, chains or bars. **19. Overbridges and underbridges.—(1) Where a railway administration has constructed lines of** rails across a public road at the same level, the State Government or the local authority maintaining the road, may, at any time, in the interest of public safety, require the railway administration to take the road either under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches, instead of crossing the road on the level, or to execute such other works as may, in the circumstances of the case, appear to the State Government or the local authority maintaining the road to be best adapted for removing or diminishing the danger arising from the level crossing. (2) The railway administration may require the State Government or the local authority, as the case may be, as a condition of executing any work under sub-section (1), to undertake to pay the whole of the 17 ----- cost of the work and the expense of maintaining the work, to the railway administration or such proportion of the cost and expenses as the Central Government considers just and reasonable. (3) In the case of any difference of opinion between the railway administration and the State Government or the local authority, as the case may be, over any of the matters mentioned in sub-section (1), it shall be referred to the Central Government, whose decision thereon shall be final. **20. Power of Central Government to give directions for safety.—Notwithstanding anything** contained in any other law, the Central Government may, if it is of the opinion that any work undertaken or may be undertaken, is likely to alter or impede the natural course of water flow or cause an increase in the volume of such flow endangering any cutting, embankment or other work on a railway, issue directions in writing to any person, officer or authority responsible for such work to close, regulate or prohibit that work. 1[CHAPTER IVA LAND ACQUISITION FOR A SPECIAL RAILWAY PROJECT **20A. Power to acquire land, etc.—(1) Where the Central Government is satisfied that for a public** purpose any land is required for execution of a special railway project, it may, by notification, declare its intention to acquire such land. (2) Every notification under sub-section (1), shall give a brief description of the land and of the special railway project for which the land is intended to be acquired. (3) The State Government or the Union territory, as the case may be, shall for the purposes of this section, provide the details of the land records to the competent authority, whenever required. (4) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which shall be in a vernacular language. **20B. Power to enter for survey, etc.—On the issue of a notification under sub-section (1) of** section 20A, it shall be lawful for any person, authorised by the competent authority in this behalf, to— (a) make any inspection, survey, measurement, valuation or enquiry; (b) take levels; (c) dig or bore into sub-soil; (d) set out boundaries and intended lines of work; (e) mark such levels, boundaries and lines placing marks and cutting trenches; or (f) do such other acts or things as may be considered necessary by the competent authority. **20C. Evaluation of damages during survey, measurement, etc.—The damages caused while** carrying out works on land such as survey, digging or boring sub-soil, marking boundaries or cutting trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may cause damages while acting under section 20B particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in that land, within six months from the completion of the said works. **20D. Hearing of objections, etc.—(1) Any person interested in the land may, within a period of** thirty days from the date of publication of the notification under sub-section (1) of section 20A, object to the acquisition of land for the purpose mentioned in that sub-section. (2) Every objection under sub-section, (1), shall be made to the competent authority in writing, and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections. 1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008). 18 ----- _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. **20E. Declaration of acquisition.—(1) Where no objection under sub-section (1) of section 20D has** been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections 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, that the land should be acquired for the purpose mentioned in sub-section (1) of section 20A. (2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances. (3) Where in respect of any land, a notification has been published under sub-section (1) of section 20A for its acquisition, but no declaration under sub-section (1) of 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: Provided that in computing the said period of one year, the period during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of section 20A is stayed by an order of a court shall be excluded. (4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority. **20F. Determination of amount payable as compensation.—(1) Where any land is acquired under** this Act, there shall be paid an amount which shall be determined by an order of the competent authority. (2) The competent authority shall make an award under this section within a period of one year from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that the competent authority may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended period of six months: Provided further that where an award is made within the extended period, the entitled person shall, in the interest of justice, be paid an additional compensation for the delay in making of the award, every month for the period so extended, at the rate of not less than five per cent. of the value of the award, for each month of such delay. (3) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition, an amount calculated at ten per cent. of the amount determined under sub-section (1), for that land. (4) Before proceeding to determine the amount under sub-section (1) or sub-section (3), as the case may be, the competent authority shall give a public notice published in two local newspapers, one of which shall be in a vernacular language inviting claims from all persons interested in the land to be acquired. (5) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 20D, before the competent authority, at a time and place and to state the nature of their respective interest in such land. (6) If the amount determined by the competent authority under sub-section (1) or as the case may be, sub-section (3) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government in such manner as may be prescribed. 19 ----- (7) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act. (8) The competent authority or the arbitrator while determining the amount of compensation under sub-section (1) or sub-section (6), as the case may be, shall take into consideration— (a) the market value of the land on the date of publication of the notification under section 20A; (b) the damage, if any sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings; (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. (9) In addition to the market-value of the land as above provided, the competent authority or the arbitrator, as the case may be, shall in every case award a sum of sixty per centum on such market-value, in consideration of the compulsory nature of the acquisition. **20G. Criterion for determination of market-value of land.—(1) The competent authority shall** adopt the following criteria in assessing and determining the market-value of the land,— (i) the minimum land value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899), for the registration of sale deeds in the area, where the land is situated; or (ii) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from not less than fifty per cent. of the sale deeds registered during the preceding three years, where higher price has been paid, whichever is higher. (2) Where the provisions of sub-section (1) are not applicable for the reason that:— (i) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or (ii) the registered sale deeds for similar land as mentioned in clause (i) of sub-section (1) are not available for the preceding three years; or (iii) the minimum land value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority, the concerned State Government shall specify the floor price per unit area of the said land based on the average higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained from not less than fifty per cent. of the sale deeds registered during the preceding three years where higher price has been paid, and the competent authority may calculate the value of the land accordingly. (3) The competent authority shall, before assessing and determining the market-value of the land being acquired under this Act— (a) ascertain the intended land use category of such land; and (b) take into account the value of the land of the intended category in the adjoining areas or vicinity, for the purpose of determination of the market-value of the land being acquired. (4) In determining the market-value of the building and other immovable property or assets attached to the land or building which are to be acquired, the competent authority may use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by the competent authority. 20 ----- (5) The competent authority may, for the purpose of determining the value of trees and plants, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. (6) For the purpose of assessing the value of the standing crops damaged during the process of land acquisition proceedings, the competent authority may utilise the services of experienced persons in the field of agriculture as he considers necessary. **20H. Deposit and payment of amount.—(1) The amount determined under section 20F shall be** deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority before taking possession of the land. (2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto. (3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. (5) Where the amount determined under section 20F by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent. per annum on such excess amount from the date of taking possession under section 20-I till the date of actual deposit thereof. (6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government, in such manner as may be prescribed by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit. **20-I Power to take possession.—(1) Where any land has vested in the Central Government under** sub-section (2) of section 20E, and the amount determined by the competent authority under section 20F with respect to such land has been deposited under sub-section (1) of section 20H with the competent authority by the Central Government, the competent authority may, by notice in writing, direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof the competent authority or any person duly authorised by it in this behalf within a period of 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 case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police; (b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a district, and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it. **20J. Right to enter into land where land has vested in Central Government.—Where the land has** vested in the Central Government under section 20E, it shall be lawful for any person authorised by the Central Government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of the special railway project or part thereof or any other work connected therewith. 21 ----- **20K. 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. **20L. Utilisation of land for the purpose it is acquired.—(1) The land acquired under this Act shall** not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the Central Government. (2) When any land or part thereof, acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall return to the Central Government by reversion. **20M. Sharing with landowners the difference in price of a land when transferred for a higher** **consideration.—Whenever any land acquired under this Act is transferred to any person for a** consideration, eighty per cent. of the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the competent authority in such manner as may be prescribed by the Central Government. **20N. Land Acquisition Act 1 of 1894 not to apply.—Nothing in the Land Acquisition Act, 1894** shall apply to an acquisition under this Act. **20-O. Application of the National Rehabilitation and Resettlement Policy, 2007 to persons** **affected due to land acquisition.—The provisions of the National Rehabilitation and Resettlement** Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural Development vide number F. 26011/4/2007- LRD dated the 31st October, 2007, shall apply in respect of acquisition of land by the Central Government under this Act. **20P. Power to make rules in respect of matters in this Chapter.—(1) The Central Government** may, by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of appointment of arbitrator under sub-section (6) of section 20F; (b) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 20H; (c) the manner of maintenance and administration of separate fund for the purposes of section 20M.] CHAPTER V OPENING OF RAILWAYS **21. Sanction of the Central Government to the opening of railway.—No railway shall be opened** for the public carriage of passengers until the Central Government has, by order, sanctioned the opening thereof for that purpose. **22. Formalities to be complied with before giving sanction to the opening of a railway.—(1) The** Central Government shall, before giving its sanction to the opening of a railway under section 21, obtain a report from the Commissioner that— (a) he has made a careful inspection of the railway and the rolling stock that may be used thereon; 22 ----- (b) the moving and fixed dimensions as laid down by the Central Government have not been infringed; (c) the structure of lines of rails, strength of bridges, general structural character of the works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the Central Government; and (d) in his opinion, the railway can be opened for the public carriage of passengers without any danger to the public using it. (2) If the Commissioner is of the opinion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the Central Government. (3) The Central Government, after considering the report of the Commissioner, may sanction the opening of a railway under section 21 as such or subject to such conditions as may be considered necessary by it for the safety of the public. **23. Sections 21 and 22 to apply to the opening of certain works.—The provisions of sections 21** and 22 shall apply to the opening of the following works if they form part of, or are directly connected with, a railway used for the public carriage of passengers and have been constructed subsequent to the giving of a report by the Commissioner under section 22, namely:— (a) opening of additional lines of railway and deviation lines; (b) opening of stations, junctions and level crossings; (c) re-modelling of yards and re-building of bridges; (d) introduction of electric traction; and (e) any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 21 and 22 apply or are extended by this section. **24. Temporary suspension of traffic.—When an accident has occurred on a railway resulting in a** temporary suspension of traffic, and either the original lines of rails and works have been restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original lines of rails and works so restored, or the temporary diversion, as the case may be, may, without prior inspection by the Commissioner, be opened for the public carriage of passengers, subject to the following conditions, namely:— (a) the railway servant incharge of the works undertaken by reason of the accident has certified in writing that the opening of the restored lines of rails and works, or of the temporary diversion will not in his opinion be attended with danger to the public; and (b) a notice of the opening of the lines of rails and works or the diversion shall be sent immediately to the Commissioner. **25. Power to close railway opened for the public carriage of passengers.—Where, after the** inspection of any railway opened and used for the public carriage of passengers or any rolling stock used thereon, the Commissioner is of the opinion that the use of the railway or of any rolling stock will be attended with danger to the public using it, the Commissioner shall send a report to the Central Government who may thereupon direct that— (i) the railway be closed for the public carriage of passengers; or (ii) the use of the rolling stock be discontinued; or (iii) the railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public. 23 ----- **26. Re-opening of closed railway.—When the Central Government has, under section 25, directed** the closure of a railway or the discontinuance of the use of any rolling stock— (a) the railway shall not be re-opened for the public carriage of passengers until it has been inspected by the Commissioner and its re-opening is sanctioned in accordance with the provisions of this Chapter; and (b) the rolling stock shall not be used until it has been inspected by the Commissioner and its re-use is sanctioned in accordance with the provisions of this Chapter. **27. Use of rolling stock.—A railway administration may use such rolling stock as it may consider** necessary for the construction, operation and working of a railway: Provided that before using any rolling stock of a design or type different from that already running on any section of the railway, the previous sanction of the Central Government shall be obtained for such use: Provided further that before giving any such sanction, the Central Government shall obtain a report from the Commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used. **28. Delegation of powers.—The Central Government may, by notification, direct that any of its** powers or functions under this Chapter, except section 29, or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by a Commissioner. **29. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may,** by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the duties of a railway administration and the Commissioner in regard to the opening of a railway for the public carriage of passengers; (b) the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers; (c) for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled; and (d) the cases in which and the extent to which the procedure provided in this Chapter may be dispensed with. CHAPTER VI FIXATION OF RATES **30. Power to fix rates.—(1) The Central Government may, from time to time, by general or special** order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway and different rates may be fixed for different classes of goods and specify in such order the conditions subject to which such rates shall apply. (2) The Central Government may, by a like order, fix the rates of any other charges incidental to or connected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the conditions subject to which such rates shall apply. **31. Power to classify commodities or alter rates.—The Central Government shall have power to—** (a) classify or reclassify any commodity for the purpose of determining the rates to be charged for the carriage of such commodities; and (b) increase or reduce the class rates and other charges. 24 ----- **32. Power of railway administration to charge certain rates.—Notwithstanding anything** contained in this Chapter, a railway administration may, in respect of the carriage of any commodity and subject to such conditions as may be specified,— (a) quote a station to station rate; (b) increase or reduce or cancel, after due notice in the manner determined by the Central Government, a station to station rate, not being a station to station rate introduced in compliance with an order made by the Tribunal; (c) withdraw, alter or amend the conditions attached to a station to station rate other than conditions introduced in compliance with an order made by the Tribunal; and (d) charge any lump sum rate. CHAPTER VII RAILWAY RATES TRIBUNAL **33. Constitution of the Railway Rates Tribunal.—(1) There shall be a Tribunal, to be called the** Railway Rates Tribunal, for the purpose of discharging the functions specified in this Chapter. (2) The Tribunal shall consist of a Chairman and two other members to be appointed by the Central Government. (3) A person shall not be qualified for appointment as the Chairman of the Tribunal unless he is, or has been, a Judge of the Supreme Court or of a High Court and of the other two members, one shall be a person, who, in the opinion of the Central Government, has special knowledge of the commercial, industrial or economic conditions of the country, and the other shall be a person, who, in the opinion of the Central Government, has special knowledge and experience of the commercial working of the railways. (4) The Chairman and the other members of the Tribunal shall hold office for such period, not exceeding five years, as may be prescribed. (5) In case the Chairman or any other member is, by infirmity or otherwise, rendered incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the Central Government may appoint another person to act in his place during his absence. (6) A person who holds office as the Chairman or other member of the Tribunal shall, on the expiration of the term of his office (not being an office to fill a casual vacancy), be ineligible for reappointment to that office. (7) Subject to the provisions of sub-sections (5) and (6), the Chairman and other members of the Tribunal shall hold office on such terms and conditions as may be prescribed. (8) No act or proceeding of the Tribunal shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Tribunal; or (b) any defect in the appointment of a person acting as a Chairman or other member of the Tribunal. **34. Staff of the Tribunal.—(1) The Tribunal may, with the previous approval of the Central** Government, appoint such officers and employees as it considers necessary for the efficient discharge of its functions under this Chapter. (2) The terms and conditions of service of the officers and employees of the Tribunal shall be such as may be determined by regulations. **35. Sittings of the Tribunal.—The Tribunal may sit at such place or places as it may find convenient** for the transaction of its business. **36. Complaints against a railway administration.—Any complaint that a railway administration—** (a) is contravening the provisions of section 70; or (b) is charging for the carriage of any commodity between two stations a rate which is unreasonable; or 25 ----- (c) is levying any other charge which is unreasonable, may be made to the Tribunal, and the Tribunal shall hear and decide any such complaint in accordance with the provisions of this Chapter. **37. Matters not within the jurisdiction of the Tribunal.—Nothing in this Chapter shall confer** jurisdiction on the Tribunal in respect of— (a) classification or re-classification of any commodity; (b) fixation of wharfage and demurrage charges (including conditions attached to such charges); (c) fixation of fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, railway material and military traffic; and (d) fixation of lump sum rates. **38. Powers of the Tribunal.—(1) The Tribunal shall have the powers of a civil court under the Code** of Civil Procedure, 1908 (5 of 1908) for the purposes of taking evidence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examination of witnesses and of review and shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1973 (2 of 1974) and any reference in such section or chapter to the presiding officer of a court shall be deemed to include a reference to the Chairman of the Tribunal. (2) The Tribunal shall also have power to pass such interim and final orders as the circumstances may require, including orders for the payment of costs. **39. Reference to the Tribunal.—Notwithstanding anything contained in section 37, the Central** Government may make a reference to the Tribunal in respect of any of the matter specified in that section and where any such reference is made in respect of any such matter, the Tribunal shall make an inquiry into that matter and submit its report thereon to the Central Government. **40. Assistance by the Central Government.—(1) The Central Government shall give to the** Tribunal such assistance as it may require and shall also place at its disposal any information in the possession of the Central Government which that Government may think relevant to any matter before the Tribunal. (2) Any person duly authorised in this behalf by the Central Government shall be entitled to appear and be heard in any proceedings before the Tribunal. **41. Burden of proof, etc.—In the case of any complaint under clause (a) of section 36,—** (a) whenever it is shown that a railway administration charges one trader or class of traders or the traders in any local area, lower rates for the same or similar goods or lower charges for the same or similar services than it charges to other traders in any other local area, the burden of providing that such lower rate or charge does not amount to an undue preference, shall lie on the railway administration; (b) in deciding whether a lower rate or charge does not amount to an undue preference, the Tribunal may, in addition to any other considerations affecting the case, take into consideration whether such lower rate or charge is necessary in the interests of the public. **42. Decision, etc., of the Tribunal.—The decisions or orders of the Tribunal shall be by a majority** of the members sitting and shall be final. **43. Bar of jurisdiction of courts.—No suit shall be instituted or proceeding taken in respect of any** matter which the Tribunal is empowered to deal with, or decide, under this Chapter. **44. Reliefs which the Tribunal may grant.—In the case of any complaint made under clause (b) or** clause (c) of section 36, the Tribunal may— (i) fix such rate or charge as it considers reasonable from any date as it may deem proper, not being a date earlier to the date of the filing of the complaint; 26 ----- (ii) direct a refund of amount, if any, as being the excess of the rate or charge fixed by the Tribunal under clause (i). **45. Revision of decisions given by the Tribunal.—Where a railway administration considers that** since the date of decision by the Tribunal, there has been a material change in the circumstances on which it was based, it may, after the expiry of one year from such date, make an application to the Tribunal and the Tribunal may, after making such inquiry as it considers necessary, vary or revoke the decision. **46. Execution of decisions or orders of the Tribunal.—The Tribunal may transmit any decision or** order made by it to a civil court having local jurisdiction and such civil court shall execute the decision or order as if it were a decree made by that court. **47. Report to the Central Government.—The Tribunal shall present annually a report to the Central** Government of all its proceedings under this Chapter. **48. Power of the Tribunal to make regulations.—(1) The Tribunal may, with the previous approval** of the Central Government, make regulations consistent with this Act and rules generally to regulate its procedure for the effective discharge of its functions under this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the terms and conditions of service of the officers and employees of the Tribunal; (b) the award of costs by the Tribunal in any proceedings before it; (c) the reference of any question to a member or to an officer of the Tribunal or any other person appointed by the Tribunal, for report after holding a local inquiry; (d) the right of audience before the Tribunal, provided that any party shall be entitled to be heard in person, or by a representative duly authorised in writing, or by a legal practitioner; (e) the disposal by the Tribunal of any proceedings before it, notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal; (f) a scale of fees for and in connection with the proceedings before the Tribunal. CHAPTER VIII CARRIAGE OF PASSENGERS **49. Exhibition of certain timings and tables of fares at stations.—(1) Every railway administration** shall cause to be pasted in a conspicuous and accessible place at every station in Hindi and English and also in the regional language commonly in use in the area where the station is situated,— (i) a table of times of arrival and departure of trains which carry passengers and stop at that station; and (ii) list of fares from such station to such other stations as it may consider necessary. (2) At every station where tickets are issued to passengers, a copy of the time table in force shall be kept in the office of the station master. **50. Supply of tickets on payment of fare.—(1) Any person desirous of travelling on a railway shall,** upon payment of the fare, be supplied with a ticket by a railway servant or an agent authorised in this behalf and such ticket shall contain the following particulars, namely:— (i) the date of issue; (ii) the class of carriage; (iii) the place from and the place to which it is issued; and (iv) the amount of the fare. (2) Every railway administration shall display the hours during which booking windows at a station shall be kept open for the issue of tickets to passengers. 27 ----- (3) The particulars required to be specified on a ticket under clauses (ii) and (iii) of sub-section (1) shall,— (a) if it is for the lowest class of carriage, be set forth in Hindi, English and the regional language commonly in use at the place of issue of the ticket; and (b) if it is for any other class of carriage, be set forth in Hindi and English: Provided that where it is not feasible to specify such particulars in any such language due to mechanisation or any other reason, the Central Government may exempt such particulars being specified in that language. **51. Provision for case in which ticket is issued for class or train not having accommodation for** **additional passengers.—(1) A ticket shall be deemed to have been issued subject to the condition of** availability of accommodation in the class of carriage and the train for which the ticket is issued. (2) If no accommodation is available in the class of carriage for which a ticket is issued, and the holder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled to a refund of the difference between the fare paid by him and the fare payable for the class of carriage in which he travels. **52. Cancellation of ticket and refund.—If a ticket is returned for cancellation, the railway** administration shall cancel the same and refund such amount as may be prescribed. **53. Prohibition against transfer of certain tickets.—A ticket issued in the name of a person shall be** used only by that person: Provided that nothing contained in this section shall prevent mutual transfer of a seat or berth by passengers travelling by the same train: Provided further that a railway servant authorised in this behalf may permit change of name of a passenger having reserved a seat or berth subject to such circumstances as may be prescribed. **54. Exhibition and surrender of passes and tickets.—Every passenger shall, on demand by any** railway servant authorised in this behalf, present his pass or ticket to such railway servant for examination during the journey or at the end of the journey and surrender such ticket— (a) at the end of the journey, or (b) if such ticket is issued for a specified period, on the expiration of such period. **55. Prohibition against travelling without pass or ticket.—(1) No person shall enter or remain in** any carriage on a railway for the purpose of travelling therein as a passenger unless he has with him a proper pass or ticket or obtained permission of a railway servant authorised in this behalf for such travel. (2) A person obtaining permission under sub-section (1) shall ordinarily get a certificate from the railway servant referred to in that sub-section that he has been permitted to travel in such carriage on condition that he subsequently pays the fare payable for the distance to be travelled. **56. Power to refuse to carry persons suffering from infectious or contagious diseases.—(1) A** person suffering from such infectious or contagious diseases, as may be prescribed, shall not enter or remain in any carriage on a railway or travel in a train without the permission of a railway servant authorised in this behalf. (2) The railway servant giving permission under sub-section (1), shall arrange for the separation of the person suffering from such disease from other persons in the train and such person shall be carried in the train subject to such other conditions as may be prescribed. (3) Any person who enters or remains in any carriage or travels in a train without permission as required under sub-section (1) or in contravention of any condition prescribed under sub-section (2), such person and a person accompanying him shall be liable to the forfeiture of their passes or tickets and removal from railway by any railway servant. 28 ----- **57. Maximum number of passengers for each compartment.—Subject to the approval of the** Central Government, every railway administration shall fix the maximum number of passengers which may be carried in each compartment of every description of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside each compartment in Hindi, English and also in one or more of the regional languages commonly in use in the areas served by the railway. **58. Earmarking of compartment, etc., for ladies.—Every railway administration shall, in every** train carrying passengers, earmark for the exclusive use of females, one compartment or such number of berths or seats, as the railway administration may think fit. **59. Communications between passengers and railway servant in charge of train.—A railway** administration shall provide and maintain in every train carrying passengers, such efficient means of communication between the passengers and the railway servant in charge of the train as may be approved by the Central Government: Provided that where the railway administration is satisfied that the means of communication provided in a train are being misused, it may cause such means to be disconnected in that train for such period as it thinks fit: Provided further that the Central Government may specify the circumstances under which a railway administration may be exempted from providing such means of communication in any train. **60. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may,** by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the convenience and accommodation (including the reservation of seats or berths in trains) to passengers; (b) the amount of refund for the cancellation of a ticket; (c) the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted; (d) the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations; (e) diseases which are infectious or contagious; (f) the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected; (g) generally, for regulating the travelling upon, and the use, working and management of the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. (4) Every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge. CHAPTER IX CARRIAGE OF GOODS **61. Maintenance of rate-books, etc., for carriage of goods.—Every railway administration shall** maintain, at each station and at such other places where goods are received for carriage, the rate-books or other documents which shall contain the rate authorised for the carriage of goods from one station to another and make them available for the reference of any person during all reasonable hours without payment of any fee. 29 ----- **62. Conditions for receiving, etc., of goods.—(1) A railway administration may impose conditions,** not inconsistent with this Act or any rules made thereunder, with respect to the receiving, forwarding, carrying or delivering of any goods. (2) A railway administration shall maintain, at each station and at such other places where goods are received for carriage, a copy of the conditions for the time being in force under sub-section (1) and make them available for the reference of any person during all reasonable hours without payment of any fee. **63. Provision of risk rates.—(1) Where any goods are entrusted to a railway administration for** carriage, such carriage shall, except where owner's risk rate is applicable in respect of such goods, be at railway risk rate. (2) Any goods, for which owner's risk rate and railway risk rate are in force, may be entrusted for carriage at either of the rates and if no rate is opted, the goods shall be deemed to have been entrusted at owner's risk rate. **64. Forwarding note.—(1) Every person entrusting any goods to a railway administration for** carriage shall execute a forwarding note in such form as may be specified by the Central Government: Provided that no forwarding note shall be executed in the case of such goods as may be prescribed. (2) The consignor shall be responsible for the correctness of the particulars furnished by him in the forwarding note. (3) The consignor shall indemnify the railway administration against any damage suffered by it by reason of the incorrectness or incompleteness of the particulars in the forwarding note. **65. Railway receipt.—(1) A railway administration shall,—** (a) in a case where the goods are to be loaded by a person entrusting such goods, on the completion of such loading; or (b) in any other case, on the acceptance of the goods by it, issue a railway receipt in such form as may be specified by the Central Government. (2) A railway receipt shall be prima facie evidence of the weight and the number of packages stated therein: Provided that in the case of a consignment in wagon-load or train-load and the weight or the number of packages is not checked by a railway servant authorised in this behalf, and a statement to that effect is recorded in such railway receipt by him, the burden of proving the weight or, as the case may be, the number of packages stated therein, shall lie on the consignor, the consignee or the endorsee. **66. Power to require statement relating to the description of goods.—(1) The owner or a person** having charge of any goods which are brought upon a railway for the purposes of carriage by railway, and the consignee or the endorsee of any consignment shall, on the request of any railway servant authorised in this behalf, deliver to such railway servant a statement in writing signed by such owner or person or by such consignee or endorsee, as the case may be, containing such description of the goods as would enable the railway servant to determine the rate for such carriage. (2) If such owner or person refuses or neglects to give the statement as required under sub-section (1) and refuses to open the package containing the goods, if so required by the railway servant, it shall be open to the railway administration to refuse to accept such goods for carriage unless such owner or person pays for such carriage the highest rate for any class of goods. (3) If the consignee or endorsee refuses or neglects to give the statement as required under sub-section (1) and refuses to open the package containing the goods, if so required by the railway servant, it shall be open to the railway administration to charge in respect of the carriage of the goods the highest rate for any class of goods. (4) If the statement delivered under sub-section (1) is materially false with respect to the description of any goods to which it purports to relate, the railway administration may charge in respect of the 30 ----- carriage of such goods such rate, not exceeding double the highest rate for any class of goods as may be specified by the Central Government. (5) If any difference arises between a railway servant and such owner or person, the consignee or the endorsee, as the case may be, in respect of the description of the goods for which a statement has been delivered under sub-section (1), the railway servant may detain and examine the goods. (6) Where any goods have been detained under sub-section (5) for examination and upon such examination it is found that the description of the goods is different from that given in the statement delivered under sub-section (1), the cost of such detention and examination shall be borne by such owner or person, the consignee or the endorsee, as the case may be, and the railway administration shall not be liable for any loss, damage or deterioration which may be caused by such detention or examination. **67. Carriage of dangerous or offensive goods.—(1) No person shall take with him on a railway, or** require a railway administration to carry such dangerous or offensive goods, as may be prescribed, except in accordance with the provisions of this section. (2) No person shall take with him on a railway the goods referred to in sub-section (1) unless he gives a notice in writing of their dangerous or offensive nature to the railway servant authorised in this behalf. (3) No person shall entrust the goods referred to in sub-section (1) to a railway servant authorised in this behalf for carriage unless he distinctly marks on the outside of the package containing such goods their dangerous or offensive nature and gives a notice in writing of their dangerous or offensive nature to such railway servant. (4) If any railway servant has reason to believe that goods contained in a package are dangerous or offensive and notice as required under sub-section (2) or sub-section (3), as the case may be, in respect of such goods is not given, he may cause such package to be opened for the purpose of ascertaining its contents. (5) Notwithstanding anything contained in this section, any railway servant may refuse to accept any dangerous or offensive goods for carriage or stop, in transit, such goods or cause the same to be removed, as the case may be, if he has reason to believe that the provisions of this section for such carriage are not complied with. (6) Nothing in this section shall be construed to derogate from the provisions of the Indian Explosives Act, 1884 (4 of 1884), or any rule or order made under that Act, and nothing in sub-sections (4) and (5) shall be construed to apply to any goods entrusted for carriage by order or on behalf of the Government or to any goods which a soldier, sailor, airman or any other officer of the armed forces of the Union or a police officer or a member of the Territorial Army or of the National Cadet Corps may take with him on a railway in the course of his employment or duty as such. **68. Carriage of animals suffering from infectious or contagious diseases.—A railway** administration shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed. **69. Deviation of route.—Where due to any cause beyond the control of a railway administration or** due to congestion in the yard or any other operational reasons, goods are carried over a route other than the route by which such goods are booked, the railway administration shall not be deemed to have committed a breach of the contract of carriage by reason only of the deviation of the route. **70. Prohibition of undue preference.—A railway administration shall not make or give any undue** or unreasonable preference or advantage to, or in favour of, any particular person or any particular description of traffic in the carriage of goods. **71. Power to give direction in regard to carriage of certain goods.—(1) The Central Government** may, if it is of the opinion that it is necessary in the public interest so to do, by general or special order, direct any railway administration— (a) to give special facilities for, or preference to, the carriage of such goods or class of goods consigned by or to the Central Government or the Government of any State or of such other goods or class of goods; 31 ----- (b) to carry any goods or class of goods by such route or routes and at such rates; (c) to restrict or refuse acceptance of such goods or class of goods at or to such station for carriage, as may be specified in the order. (2) Any order made under sub-section (1) shall cease to have effect after the expiration of a period of one year from the date of such order, but may, by a like order, be renewed from time to time for such period not exceeding one year at a time as may be specified in the order. (3) Notwithstanding anything contained in this Act, every railway administration shall be bound to comply with any order given under sub-section (1) and any action taken by a railway administration in pursuance of any such order shall not be deemed to be a contravention of section 70. **72. Maximum carrying capacity for wagons and trucks.—(1) The gross weight of every wagon or** truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall not exceed such limit as may be fixed by the Central Government for the class of axle under the wagon or truck. (2) Subject to the limit fixed under sub-section (1), every railway administration shall determine the normal carrying capacity for every wagon or truck in its possession and shall exhibit in words and figures the normal carrying capacity so determined in a conspicuous manner on the outside of every such wagon or truck. (3) Every person owning a wagon or truck which passes over a railway shall determine and exhibit the normal carrying capacity for the wagon or truck in the manner specified in sub-section (2). (4) Notwithstanding anything contained in sub-section (2) or sub-section (3), where a railway administration considers it necessary or expedient so to do in respect of any wagon or truck carrying any specified class of goods or any class of wagons or trucks of any specified type, it may vary the normal carrying capacity for such wagon or truck or such class of wagons or trucks and subject to such conditions as it may think fit to impose, determine for the wagon or truck or class of wagons or trucks such carrying capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or such class of wagons or trucks. **73. Punitive charge for overloading a wagon.—Where a person loads goods in a wagon beyond its** permissible carrying capacity as exhibited under sub-section (2) or sub-section (3), or notified under sub-section (4), of section 72, a railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty at such rates, as may be prescribed, before the delivery of the goods: Provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account. **74. Passing of property in the goods covered by railway receipt.—The property in the** consignment covered by a railway receipt shall pass to the consignee or the endorsee, as the case may be, on the delivery of such railway receipt to him and he shall have all the rights and liabilities of the consignor. **75. Section 74 not to affect right of stoppage in transit or claims for freight.—Nothing contained** in section 74 shall prejudice or affect— (a) any right of the consignor for stoppage of goods in transit as an unpaid vendor (as defined under the Sale of Goods Act, 1930 [3 of 1930] ) on his written request to the railway administration; (b) any right of the railway to claim freight from the consignor; or (c) any liability of the consignee or the endorsee, referred to in that section, by reason of his being such consignee or endorsee. **76. Surrender of railway receipt.—The railway administration shall deliver the consignment under** a railway receipt on the surrender of such railway receipt: 32 ----- Provided that in case the railway receipt is not forthcoming, the consignment may be delivered to the person, entitled in the opinion of the railway administration to receive the goods, in such manner as may be prescribed. **77. Power of railway administration to deliver goods or sale proceeds thereof in certain cases.—** Where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignment are claimed by two or more persons, the railway administration may withhold delivery of such consignment or sale proceeds, as the case may be, and shall deliver such consignment or sale proceeds in such manner as may be prescribed. **78. Power to measure, weigh, etc.—Notwithstanding anything contained in the railway receipt, the** railway administration may, before the delivery of the consignment, have the right to— (i) re-measure, re-weigh or re-classify any consignment; (ii) re-calculate the freight and other charges; and (iii) correct any other error or collect any amount that may have been omitted to be charged. **79. Weighment of consignment on request of the consignee or endorsee.—A railway** administration may, on the request made by the consignee or endorsee, allow weighment of the consignment subject to such conditions and on payment of such charges as may be prescribed and the demurrage charges if any: Provided that except in cases where a railway servant authorised in this behalf considers it necessary so to do, no weighment shall be allowed of goods booked at owner’s risk rate or goods which are perishable and are likely to lose weight in transit: Provided further that no request for weighment of consignment in wagon-load or train-load shall be allowed if the weighment is not feasible due to congestion in the yard or such other circumstances as may be prescribed. **80. Liability of railway administration for wrong delivery.—Where a railway administration** delivers the consignment to the person who produces the railway receipt, it shall not be responsible for any wrong delivery on the ground that such person is not entitled thereto or that the endorsement on the railway receipt is forged or otherwise defective **81. Open delivery of consignments.—Where the consignment arrives in a damaged condition or** shows signs of having been tampered with and the consignee or the endorsee demands open delivery, the railway administration shall give open delivery in such manner as may be prescribed. **82. Partial delivery of consignments.—(1) The consignee or endorsee shall, as soon as the** consignment or part thereof is ready for delivery, take delivery of such consignment or part thereof notwithstanding that such consignment or part thereof is damaged (2) In the case of partial delivery under sub-section (1), the railway administration shall furnish a partial delivery certificate, in such form as may be prescribed. (3) If the consignee or endorsee refuses to take delivery under sub-section (1), the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal. **83. Lien for freight or any other sum due.—(1) If the consignor, the consignee or the endorsee fails** to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such person which is in, or thereafter comes into its possession. (2) The railway administration may, if the consignment detained under sub-section (1) is— (a) perishable in nature, sell at once; or (b) not perishable in nature, sell, by public auction, such consignment or part thereof, as may be necessary to realise a sum equal to the freight or other charges: 33 ----- Provided that where a railway administration for reasons to be recorded in writing is of the opinion that it is not expedient to hold the auction, such consignment or part thereof may be sold in such manner as may be prescribed. (3) The railway administration shall give a notice of not less than seven days of the public auction under clause (b) of sub-section (2) in one or more local newspapers or where there are no such newspapers in such manner as may be prescribed. (4) The railway administration may, out of the sale proceeds received under sub-section (2), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consignment, if any, shall be rendered to the person entitled thereto. **84. Unclaimed consignment.—(1) If any person fails to take delivery of—** (a) any consignment; or (b) the consignment released from detention made under sub-section (1) of section 83; or (c) any remaining part of the consignment under sub-section (2) of section 83, such consignment shall be treated as unclaimed. (2) The railway administration may,— (a) in the case of an unclaimed consignment which is perishable in nature, sell such consignment in the manner provided in clause (a) of sub-section (2) of section 83; or (b) in the case of an unclaimed consignment which is not perishable in nature, cause a notice to be served upon the consignee if his name and address are known, and upon the consignor if the name and address of the consignee are not known, requiring him to remove the goods within a period of seven days from the receipt thereof and if such notice cannot be served or there is a failure to comply with the requisition in the notice, sell such consignment in the manner provided in clause (b) of sub-section (2) of section 83. (3) The railway administration shall, out of the sale proceeds received under sub-section (2), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, of such sale proceeds shall be rendered to the person entitled thereto. **85. Disposal of perishable consignments in certain circumstances.—(1) Where by reason of any** flood, land-slip, breach of any lines of rails, collision between trains, derailment of, or other accident to a train or any other cause, traffic on any route is interrupted and there is no likelihood of early resumption of such traffic, nor is there any other reasonable route whereby traffic of perishable consignment may be diverted to prevent, loss or deterioration of, or damage to, such consignment, the railway administration may sell them in the manner provided in clause (a) of sub-section (2) of section 83. (2) The railway administration shall, out of the sale proceeds received under sub-section (1), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, of such sale proceeds, shall be rendered to the person entitled thereto. **86. Sales under sections 83 to 85 not to affect the right to suit.—Notwithstanding anything** contained in this Chapter, the right of sale under sections 83 to 85 shall be without prejudice to the right of the railway administration to recover by suit, any freight, charge, amount or other expenses due to it. **87. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may,** by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) goods in respect of which no forwarding note shall be executed under proviso to sub-section (1) of section 64; (b) dangerous and offensive goods for the purposes of sub- section (1) of section 67; (c) infectious or contagious diseases for the purposes of section 68; 34 ----- (d) rates of penalty charges under section 73; (e) the manner in which the consignment may be delivered without a railway receipt under section 76; (f) the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77; (g) the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagon-load or train-load under section 79; (h) the manner of giving open delivery under section 81; (i) the form of partial delivery certificate under sub-section (2) of section 82; (j) the manner of sale of consignment or part thereof under the proviso to sub-section (2) of section 83; (k) the manner in which a notice under sub-section (3) of section 83 may be given; (l) generally, for regulating the carriage of goods by the railways. (3) Any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees. (4) Every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. CHAPTER X SPECIAL PROVISIONS AS TO GOODS BOOKED TO NOTIFIED STATIONS **88. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “essential commodity” means an essential commodity as defined in clause (a) of section 2 of the Essential Commodities Act, 1955 (10 of 1955); (b) “notified station” means a station declared to be a notified station under section 89; (c) “State Government”, in relation to a notified station, means the Government of the State in which such station is situated, or where such station is situated in a Union territory, the administrator of that Union territory appointed under article 239 of the Constitution. **89. Power to declare notified stations.—(1) The Central Government may, if it is satisfied that it is** necessary that goods entrusted for carriage by train intended solely for the carriage of goods to any railway station should be removed without delay from such railway station, declare, by notification, such railway station to be a notified station for such period as may be specified in the notification: Provided that before declaring any railway station to be a notified station under this sub-section, the Central Government shall have regard to all or any of the following factors, namely:— (a) the volume of traffic and the storage space available at such railway station; (b) the nature and quantities of goods generally booked to such railway station; (c) the scope for causing scarcity of such goods by not removing them for long periods from such railway station and the hardship which such scarcity may cause to the community; (d) the number of wagons likely to be held up at such railway station if goods are not removed therefrom quickly and the need for quick movement and availability of such wagons; (e) such other factors (being relevant from the point of view of the interest of the general public) as may be prescribed: 35 ----- Provided further that the period specified in any notification issued under this sub-section in respect of any railway station shall not exceed six months in the first instance, but such period may, by notification, be extended from time to time by a period not exceeding six months on each occasion. (2) If any person entrusting any goods to a railway administration to be carried to a notified station makes an application in such form and manner as may be prescribed and specifies therein the address of the person to whom intimation by registered post of the arrival of the goods at the notified station shall be given and pays the postage charges required for giving such intimation, the railway administration shall, as soon as may be after the arrival of the goods at the notified station, send such intimation accordingly. (3) There shall be exhibited at a conspicuous place at each notified station a statement in the prescribed form setting out the description of the goods which by reason of the fact that they have not been removed from the station within a period of seven days from the termination of transit thereof are liable to be sold, in accordance with the provision, of sub-section (1) of section 90 by public auction and the dates on which they would be so sold: Provided that different statements may be so exhibited in respect of goods proposed to be sold on different dates. (4) If the goods specified in any statement to be exhibited under sub-section (3) include essential commodities, the railway servant preparing the statement shall, as soon as may be after the preparation of such statement, forward a copy thereof to— (a) the representative of the Central Government nominated by that Government in this behalf; (b) the representative of the State Government nominated by that Government in this behalf; and (c) the District Magistrate within the local limits of whose jurisdiction the railway station is situated. **90. Disposal of unremoved goods at notified stations.—(1) If any goods entrusted for carriage to** any notified station by a train intended solely for the carriage of goods are not removed from such station by a person entitled to do so within a period of seven days after the termination of transit thereof at such station, the railway administration may, subject to the provisions of sub-section (2), sell such goods by public auction and apart from exhibiting, in accordance with the provisions of sub-section (3) of section 89, a statement containing a description of such goods, it shall not be necessary to give any notice of such public auction, but the date on which such auction may be held under this sub-section may be notified in one or more local newspapers, or where there are no such newspapers, in such manner as may be prescribed: Provided that if at any time before the sale of such goods under this sub-section, the person entitled thereto pays the freight and other charges and the expenses due in respect thereof to the railway administration, he shall be allowed to remove such goods. (2) If any goods which may be sold by public auction under sub-section (1) at a notified station, being essential commodities, are required by the Central Government or the State Government for its own use or if the Central Government or such State Government considers that it is necessary for securing the availability of all or any such essential commodities at fair prices so to do, it may, by order in writing, direct the railway servant in-charge of such auction to transfer such goods to it or to such agency, co-operative society or other person (being an agency, co-operative society or other person subject to the control of the Government) engaged in the business of selling such essential commodities as may be specified in the direction. (3) Every direction issued under sub-section (2) in respect of any essential commodity shall be binding on the railway servant to whom it is issued and the railway administration and it shall be a sufficient defence against any claim by the person entitled to the goods that such essential commodities have been transferred in compliance with such direction: Provided that— (a) such direction shall not be binding on such railway servant or the railway administration— (i) if it has not been received by the railway servant sufficiently in time to enable him to prevent the sale of the essential commodities to which it relates; or 36 ----- (ii) if before the time appointed for such sale, the person entitled to such goods pays the freight and other charges and the expenses due in respect thereof and claims that he be allowed to remove the goods; or (iii) if the price payable for such goods (as estimated by the Central Government or, as the case may be, the State Government) is not credited to the railway administration in the prescribed manner and the railway administration is not indemnified against any additional amount which it may become liable to pay towards the price by reason of the price not having been computed in accordance with the provisions of sub-section (4); (b) where directions are issued in respect of the same goods both by the Central Government and the State Government, the directions received earlier shall prevail. (4) The price payable for any essential commodity transferred in compliance with a direction issued under sub-section (2) shall be the price calculated in accordance with the provisions of sub-section (3) of section 3 of the Essential Commodities Act, 1955 (10 of 1955). Provided that— (a) in the case of any essential commodity being a food-stuff in respect whereof a notification issued under sub-section (3A) of section 3 of the Essential Commodities Act, 1955 (10 of 1955) is in force in the locality in which the notified station is situated, the price payable shall be calculated in accordance with the provisions of clauses (iii) and (iv) of that sub-section; (b) in the case of an essential commodity being any grade or variety of foodgrains, edible oil seeds or edible oils in respect were of no notification issued under sub-section (3A) of section 3 of the Essential Commodities Act, 1955 (10 of 1955), is in force in the locality in which the notified station is situated, the price payable shall be calculated in accordance with the provisions of sub-section (3B) of that section; (c) in the case of an essential commodity being any kind of sugar in respect whereof no notification issued under sub-section (3A) of section 3 of the Essential Commodities Act, 1955 (10 of 1955), is in force in the locality in which the notified station is situated, the price payable shall, if such sugar has been booked by them producer to himself, be calculated in accordance with the provisions of sub-section (3C) of that section. _Explanation.—For the purposes of this clause, the expressions “producer” and “sugar” shall have_ the meanings a signed to these expressions in the _Explanation to sub-section (3C) of section 3, and_ clause (e) of section 2 of the Essential Commodities Act, 1955 (10 of 1955), respectively. **91. Price to be paid to person entitled after deducting dues.—(1) Out of the proceeds of any sale** of goods under sub-section (1) of section 90 or the price payable therefor under sub-section (4) of that section, the railway administration may retain a sum equal to the freight and other charges due in respect of such goods and the expenses incurred in respect of the goods and the auction thereof and render the surplus, if any, to the person entitled thereto. (2) Notwithstanding anything contained in sub-section (1), the railway administration may recover by suit any such freight or charge or expenses referred to therein or balance thereof. (3) Any goods sold under sub-section (1) of section 90 or transferred in compliance with the directions issued under sub-section (2) of that section shall vest in the buyer or the transferee free from all encumbrances but subject to a priority being given for the sum which may be retained by a railway administration under sub-section (1), the person in whose favour such encumbrance subsits may have a claim in respect of such encumbrance against the surplus, if any, referred to in that sub-section. **92. Power to make rules in respect of matters in this Chapter.—(1) The Central Government may,** by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the factors to which the Central Government shall have regard under clause (e) of the first proviso to sub-section (1) of section 89; 37 ----- (b) the form and manner in which an application may be made under sub-section (2) of section 89; (c) the form in which a statement is required to be exhibited under sub-section (3) of section 89; (d) the manner in which the dates of public auctions may be notified under sub-section (1) of section 90; (e) the manner of crediting to the railway administration the price of goods referred to in sub-clause (iii) of clause (a) of the proviso to sub-section (3) of section 90. CHAPTER XI RESPONSIBILITIES OF RAILWAY ADMINISTRATIONS AS CARRIERS **93. General responsibility of a railway administration as carrier of goods.—Save as otherwise** provided in this Act, a railway administration shall be responsible for the loss, destruction, damage or deterioration in transit, or non-delivery of any consignment, arising from any cause except the following, namely:— (a) act of God; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders or restrictions imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State Government authorised by it in this behalf; (f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee; (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; (i) fire, explosion or any unforeseen risk: Provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of the aforesaid causes, the railway administration shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of the goods. **94. Goods to be loaded or delivered at a siding not belonging to a railway administration.—** (1) Where goods are required to be loaded at a siding not belonging to a railway administration for carriage by railway, the railway administration shall not be responsible for any loss, destruction, damage or deterioration of such goods from whatever cause arising, until the wagon containing the goods has been placed at the specified point of interchange of wagons between the siding and the railway administration and a railway servant authorised in this behalf has been informed in writing accordingly by the owner of the siding. (2) Where any consignment is required to be delivered by a railway administration at a siding not belonging to a railway administration, the railway administration shall not be responsible for any loss, destruction, damage or deterioration or non-delivery of such consignment from whatever cause arising after the wagon containing the consignment has been placed at the specified point of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway by a railway servant authorised in this behalf. **95. Delay or retention in transit.—A railway administration shall not be responsible for the loss,** destruction, damage or deterioration of any consignment proved by the owner to have been caused by the delay or detention in their carriage if the railway administration proves that the delay or detention arose 38 ----- for reasons beyond its control or without negligence or misconduct on its part or on the part of any of its servants. **96. Traffic passing over railways in India and railways in foreign countries.—Where in the** course of carriage of any consignment from a place in India to a place outside India or from a place outside India to a place in India or from one place outside India to another place outside India or from one place in India to another place in India over any territory outside India, it is carried over the railways of any railway administration in India, the railway administration shall not be responsible under any of the provisions of this Chapter for the loss, destruction, damage or deterioration of the goods, from whatever cause arising, unless it is proved by the owner of the goods that such loss, destruction, damage or deterioration arose over the railway of the railway administration. **97. Goods carried at owner’s risk rate.—Notwithstanding anything contained in section 93, a** railway administration shall not be responsible for any loss, destruction, damage, deterioration or nondelivery in transit, of any consignment carried at owner’s risk rate, from whatever cause arising, except upon proof, that such loss, destruction, damage, deterioration or non-delivery was due to negligence or misconduct on its part or on the part of any of its servants: Provided that,— (a) where the whole of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or (b) where in respect of any such consignment or of any package forming part of such consignment which had been so covered or protected that the covering or protection was not readily removable by hand, it is pointed out to the railway administration on or before delivery that any part of that consignment or package had been pilfered in transit, the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee how the consignment or the package was dealt with throughout the time it was in its possession or control, but if negligence or misconduct on the part of the railway administration or of any of its servants cannot be fairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on the consignor, the consignee or the endorsee. **98. Goods in defective condition or defectively packed.—(1) Notwithstanding anything contained** in the foregoing provisions of this Chapter, when any goods entrusted to a railway administration for carriage— (a) are in a defective condition as a consequence of which they are liable to damage, deterioration, leakage or wastage; or (b) are either defectively packed or not packed in such manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, and the fact of such condition or defective or improper packing has been recorded by the consignor or his agent in the forwarding note, the railway administration shall not be responsible for any damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination: Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination if negligence or misconduct on the part of the railway administration or of any of its servants is proved. (2) When any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the goods on proof by railway administration,— (a) that the goods were, at the time of entrustment to the railway administration, in a defective condition, or were at that time either defectively packed or not packed in such manner as may be prescribed and as a result of which were liable to damage, deterioration, leakage or wastage; and 39 ----- (b) that such defective condition or defective or improper packing was not brought to the notice of the railway administration or any of its servants at the time of entrustment of the goods to the railway administration for carriage by railway: Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage if negligence or misconduct on the part of the railway administration or of any of its servants is proved. **99. Responsibility of a railway administration after termination of transit.—(1) A railway** administration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination of transit: Provided that where the consignment is at owner’s risk rate, the railway administration shall not be responsible as a bailee for such loss, destruction, damage, deterioration or non-delivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants. (2) The railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination of transit. (3) Notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, after the termination of transit. (4) Nothing in the foregoing provisions of this section shall affect the liability of any person to pay any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the railway wagons or removed from the railway premises. **100. Responsibility as carrier of luggage.—A railway administration shall not be responsible for the** loss, destruction, damage, deterioration or non-delivery of any luggage unless a railway servant has booked the luggage and given a receipt therefor and in the case of luggage which is carried by the passenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was due to the negligence or misconduct on its part or on the part of any of its servants. **101. Responsibility as a carrier of animals.—A railway administration shall not be responsible for** any loss or destruction of, or injuries to, any animal carried by railway arising from freight or restiveness of the animal or from overloading of wagons by the consignor. **102. Exoneration from liability in certain cases.—Notwithstanding anything contained in the** foregoing provisions of this Chapter, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of any consignment,— (a) when such loss, destruction, damage, deterioration or non-delivery is due to the fact that a materially false description of the consignment is given in the statement delivered under sub-section (1) of section 66; or (b) where a fraud has been practised by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; or (c) where it is proved by the railway administration to have been caused by, or to have arisen from— (i) improper loading or unloading by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee; (ii) riot, civil commotion, strike, lock-out, stoppage or restraint of labour from whatever cause arising whether partial or general; or (d) for any indirect or consequential loss or damage or for loss of particular market. 40 ----- **103. Extent of monetary liability in respect of any consignment.—(1) Where any consignment is** entrusted to a railway administration for carriage by railway and the value of such consignment has not been declared as required under sub-section (2) by the consignor, the amount of liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of the consignment shall in no case exceed such amount calculated with reference to the weight of the consignment as may be prescribed, and where such consignment consists of an animal, the liability shall not exceed such amount as may be prescribed. (2) Notwithstanding anything contained in sub-section (1), where the consignor declares the value of any consignment at the time of its entrustment to a railway administration for carriage by railway, and pays such percentage charge as may be prescribed on so much of the value of such consignment as is in excess of the liability of the railway administration as calculated or specified, as the case may be, under sub-section (1), the liability of the railway administration for the loss, destruction, damage, deterioration or non-delivery of such consignment shall not exceed the value so declared. (3) The Central Government may, from time to time, by notification, direct that such goods as may be specified in the notification shall not be accepted for carriage by railway unless the value of such goods is declared and percentage charge is paid as required under sub-section (2). **104. Extent of liability in respect of goods carried in open wagon.—Where any goods, which,** under ordinary circumstances, would be carried in covered wagon and would be liable to damage, if carried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in open wagon, the responsibility of railway administration for destruction, damage or deterioration which may arise only by reason of the goods being so carried, shall be one-half of the amount of liability for such destruction, damage or deterioration determined under this Chapter. **105. Right of railway administration to check contents of certain consignment or luggage.—** Where the value has been declared under section 103 in respect of any consignment a railway administration may make it a condition of carrying such consignment that a railway servant authorised by it in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriage contain the articles declared. **106. Notice of claim for compensation and refund of overcharge.—(1) A person shall not be** entitled to claim compensation against a railway administration for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway, unless a notice thereof is served by him or on his behalf,— (a) to the railway administration to which the goods are entrusted for carriage; or (b) to the railway administration on whose railway the destination station lies, or the loss, destruction, damage or deterioration occurs, within a period of six months from the date of entrustment of the goods. (2) Any information demanded or enquiry made in writing from, or any complaint made in writing to, any of the railway administrations mentioned in sub-section (1) by or on behalf of the person within the said period of six months regarding the non-delivery or delayed delivery of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim for compensation. (3) A person shall not be entitled to a refund of an overcharge in respect of goods carried by railway unless a notice therefor has been served by him or on his behalf to the railway administration to which the overcharge has been paid within six months from the date of such payment or the date of delivery of such goods at the destination station, whichever is later. **107. Applications for compensation for loss, etc., of goods.—An application for compensation for** loss, destruction, damage, deterioration or non-delivery of goods shall be filed against the railway administration on whom a notice under section 106 has been served. **108. Person entitled to claim compensation.—(1) If a railway administration pays compensation for** the loss, destruction, damage, deterioration or non-delivery of goods entrusted to it for carriage, to the 41 ----- consignee or the endorsee producing the railway receipt, the railway administration shall be deemed to have discharged its liability and no application before the Claims Tribunal or any other legal proceeding shall lie against the railway administration on the ground that the consignee or the endorsee was not legally entitled to receive such compensation. (2) Nothing in sub-section (1) shall affect the right of any person having any interest in the goods to enforce the same against the consignee or the endorsee receiving compensation under that sub-section. **109. Railway administration against which application for compensation for personal injury is** **to be filed.—An application before the Claims Tribunal for compensation for the loss of life or personal** injury to a passenger, may be instituted against,— (a) the railway administration from which the passenger obtained his pass or purchased his ticket, or (b) the railway administration on whose railway the destination station lies or the loss or personal injury occurred. **110. Burden of proof.—In an application before the Claims Tribunal for compensation for loss,** destruction, damage, deterioration or non-delivery of any goods, the burden of proving— (a) the monetary loss actually sustained; or (b) where the value has been declared under sub-section (2) of section 103 in respect of any consignment that the value so declared is its true value, shall lie on the person claiming compensation, but subject to the other provisions contained in this Act, it shall not be necessary for him to prove how the loss, destruction, damage, deterioration or non-delivery was caused. **111. Extent of liability of railway administration in respect of accidents at sea.—(1) When a** railway administration contracts to carry passengers or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea from act of God, public enemies, fire, accidents from machinery, boilers and steam and all and every other dangers and accidents of the seas, rivers and navigation of whatever nature and kind shall, without being expressed, be deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea, to the extent to which it would be responsible under the Merchant Shipping Act, 1958 (44 of 1958), if the ships were registered under that Act and the railway administration were owner of the ship and not to any greater extent. (2) The burden of proving that any such loss, injury or damage as is mentioned in sub-section (1) happened during the carriage by sea shall lie on the railway administration. **112. Power to make rules in respect of matters in this Chapter.—(1) The Central Government** may, by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the manner of packing of goods entrusted to a railway administration under clause (b) of sub-section (1) of section 98; (b) the goods for the purposes of sub-section (3) of section 99; and (c) the maximum amount payable by the railway administration for the loss, destruction, damage, deterioration or non-delivery of any consignment under sub-section (1) of section 103. 42 ----- CHAPTER XII ACCIDENTS **113. Notice of railway accident.—(1) Where, in the course of working a railway,—** (a) any accident attended with loss of any human life, or with grievous hurt, as defined in the Indian Penal Code (45 of 1860), or with such serious injury to property as may be prescribed; or (b) any collision between trains of which one is a train carrying passengers; or (c) the derailment of any train carrying passengers, or of any part of such train; or (d) any accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid or with serious injury to property; or (e) any accident of any other description which the Central Government may notify in this behalf in the Official Gazette, occurs, the station master of the station nearest to the place at which the accident occurs or where there is no station master, the railway servant in charge of the section of the railway on which the accident occurs, shall, without delay, give notice of the accident to the District Magistrate and Superintendent of Police, within whose jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which the accident occurs and to such other Magistrate or police officer as may be appointed in this behalf by the Central Government. (2) The railway administration within whose jurisdiction the accident occurs, as also the railway administration to whom the train involved in the accident belongs, shall without delay, give notice of the accident to the State Government and the Commissioner having jurisdiction over the place of the accident. **114. Inquiry by Commissioner.—(1) On the receipt of a notice under section 113 of the occurrence** of an accident to a train carrying passengers resulting in loss of human life or grievous hurt causing total or partial disablement of permanent nature to a passenger or serious damage to railway property, the Commissioner shall, as soon as may be, notify the railway administration in whose jurisdiction the accident occurred of his intention to hold an inquiry into the causes that led to the accident and shall at the same time fix and communicate the date, time and place of inquiry: Provided that it shall be open to the Commissioner to hold an inquiry into any other accident which, in his opinion, requires the holding of such an inquiry. (2) If for any reason, the Commissioner is not able to hold an inquiry as soon as may be after the occurrence of the accident, he shall notify the railway administration accordingly. **115. Inquiry by railway administration.—Where no inquiry is held by the Commissioner under** sub-section (1) of section 114 or where the Commissioner has informed the railway administration under sub-section (2) of that section that he is not able to hold an inquiry, the railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure. **116. Powers of Commissioner in relation to inquiries.—(1) For the purpose of conducting an** inquiry under this Chapter into the causes of any accident on a railway, the Commissioner shall, in addition to the powers specified in section 7, have the 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) any other matter which may be prescribed. 43 ----- (2) The Commissioner while conducting an inquiry under this Chapter 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). **117. Statement made before Commissioner.—No statement made by a person in the course of** giving evidence in an inquiry before the Commissioner shall subject him to, or be used against him in, any civil or criminal proceeding, except a prosecution for giving false evidence by such statement: Provided that the statement is— (a) made in reply to a question which is required by the Commissioner to answer; or (b) relevant to the subject-matter of the inquiry. **118. Procedure, etc.—Any railway administration or the Commissioner conducting an inquiry under** this Chapter may send notice of the inquiry to such persons, follow such procedure, and prepare the report in such manner as may be prescribed. **119. No inquiry, investigation, etc., to be made if the Commission of Inquiry is appointed.—** **Notwithstanding anything contained in the foregoing provisions of this Chapter, where a Commission of** Inquiry is appointed under the Commissions of Inquiry Act, 1952 (3 of 1952), to inquire into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records or other documents relating to such inquiry shall be forwarded to such authority as may be specified by the Central Government in this behalf. **120. Inquiry into accident not covered by section 113.—Where any accident of the nature not** specified in section 113 occurs in the course of working a railway, the railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed. **121. Returns.—Every railway administration shall send to the Central Government, a return of** accidents occurring on its railway, whether attended with injury to any person or not, in such form and manner and at such intervals as may be prescribed. **122. Power to make rules in respect of matters in this Chapter.—(1) The Central Government** may, by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the injury to property which shall be considered serious under clause (a) of sub-section (1) of section 113; (b) the forms of notice of accidents to be given under section 113 and the particulars of the accident such notices shall contain; (c) the manner of sending the notices of accidents, including the class of accidents to be sent immediately after the accident; (d) the duties of the Commissioner, railway administration, railway servants, police officers and Magistrates on the occurrence of an accident; (e) the persons to whom notices in respect of any inquiry under this Chapter are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared; (f) the nature of inquiry to be made by a railway administration into the causes of an accident under section 120; (g) the form and manner of sending a return of accidents by a railway administration under section 121. 44 ----- CHAPTER XIII LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS **123. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “accident” means an accident of the nature described in section 124; (b) “dependant” means any of the following relatives of a deceased passenger, namely:— (i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent; (ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a pre-deceased son, if dependant wholly or partly on the deceased passenger; (iii) a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger; (iv) the paternal grand parent wholly dependant on the deceased passenger; 1[(c) “untoward incident” means— (1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or (ii) the making of a violent attack or the commission of robbery or dacoity; or (iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or (2) the accidental falling of any passenger from a train carrying passengers.] **124. Extent of liability.—When in the course of working a railway, an accident occurs, being either a** collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such accident. _Explanation.—For the purposes of this section “passenger” includes a railway servant on duty._ [2][124A. Compensation on account of untoward incidents.—When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only of loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident: Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to— (a) suicide or attempted suicide by him; (b) self-inflicted injury; 1. Ins. by Act 28 of 1994, s. 2 (w.e.f. 1-8-1994). 2. Ins. by s. 3, ibid. (w.e.f. 1-8-1994). 45 ----- (c) his own criminal act; (d) any act committed by him in a state of intoxication or insanity; (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. _Explanation.—For the purpose of this section, “passenger” includes—_ (i) a railway servant on duty; and (ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.] **125. Application for compensation.—(1) An application for compensation under section 124** [1][or section 124A] may be made to the Claims Tribunal— (a) by the person who has sustained the injury or suffered any loss, or (b) by any agent duly authorised by such person in this behalf, or (c) where such person is a minor, by his guardian, or (d) where death has resulted from the accident [1][or the untoward incident], by any dependant of the deceased or where such a dependant is a minor, by his guardian. (2) Every application by a dependant for compensation under this section shall be for the benefit of every other dependant. **126. Interim relief by railway administration.—(1) Where a person who has made an application** for compensation under section 125 desires to be paid interim relief, he may apply to the railway administration for payment of interim relief along with a copy of the application made under that section. (2) Where, on the receipt of an application made under sub-section (1) and after making such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the applicant immediately, it may, pending determination by the Claims Tribunal of the actual amount of compensation payable under section 124 [2][or section 124A] pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed. (3) The railway administration shall, as soon as may be, after making an order regarding payment of interim relief under sub-section (2), send a copy thereof to the Claims Tribunal. (4) Any sum paid by the railway administration under sub-section (2) shall be taken into account by the Claims Tribunal while determining the amount of compensation payable. **127. Determination of compensation in respect of any injury or loss of goods.—(1) Subject to** such rules as may be made, the rates of compensation payable in respect of any injury shall be determined by the Claims Tribunal. (2) The compensation payable in respect of any loss of goods shall be such as the Claims Tribunal may, having regard to the circumstances of the case, determine to be reasonable. **128. Saving as to certain rights.—(1) The right of any person to claim compensation under** section 124 [3][or section 124A] shall not affect the right of any such person to recover compensation payable under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force; but no person shall be entitled to claim compensation more than once in respect of the same accident. 1. Ins. by Act 28 of 1994, s. 4 (w.e.f. 1-8-1994). 2. Ins. by s. 5, ibid. (w.e.f. 1-8-1994). 3. Ins. by s. 6, ibid. (w.e.f. 1-8-1994). 46 ----- (2) Nothing in sub-section (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance. **129. Power to make rules in respect of matters in this Chapter.—(1) The Central Government** may, by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the compensation payable for death; (b) the nature of the injuries for which compensation shall be paid and the amount of such compensation. CHAPTER XIV REGULATION OF HOURS OF WORK AND PERIOD OF REST **130. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) the employment of a railway servant is said to be “continuous” except when it is excluded or has been declared to be essentially intermittent or intensive; (b) the employment of a railway servant is said to be “essentially intermittent” when it has been declared to be so by the prescribed authority on the ground that the daily hours of duty of the railway servant normally include periods of inaction aggregating to fifty per cent. or more (including at least one such period of not less than one hour or two such periods of not less than half an hour each) in a tour of twelve hours duty (on the average over seventy-two consecutive hours), during which the railway servant may be on duty, but is not called upon to display either physical activity or sustained attention; (c) the employment of a railway servant is said to be “excluded”, if he belongs to any one of the following categories, namely:— (i) railway servants employed in a managerial or confidential capacity; (ii) armed guards or other personnel subject to discipline similar to that of any of the armed police forces; (iii) staff of the railway schools imparting technical training or academic education; (iv) such staff as may be specified as supervisory under the rules; (v) such other categories of staff as may be prescribed; (d) the employment of a railway servant is said to be “intensive” when it has been declared to be so by the prescribed authority on the ground that it is of a strenuous nature involving continued concentration or hard manual labour with little or no period of relaxation. **131. Chapter not to apply to certain railway servants.—Nothing in this Chapter shall apply to any** railway servant to whom the Factories Act, 1948 (63 of 1948) or the Mines Act 1952 (35 of 1952) or the Railway Protection Force Act, 1957 (23 of 1957) or the Merchant Shipping Act, 1958 (44 of 1958), applies. **132. Limitation of hours of work.—(1) A railway servant whose employment is essentially** intermittent shall not be employed for more than seventy-five hours in any week. (2) A railway servant whose employment is continuous shall not be employed for more than fifty-four hours a week on an average in a two-weekly period of fourteen days. (3) A railway servant whose employment is intensive shall not be employed for more than forty-five hours a week on an average in a two-weekly period of fourteen days. (4) Subject to such rules as may be prescribed, temporary exemptions of railway servants from the provisions of sub-section (1) or sub-section (2) or sub-section (3) may be made by the prescribed 47 ----- authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway or in cases of accident, actual or threatened, or when urgent work is required to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented, or in other cases of exceptional pressure of work: Provided that where such exemption results in the increase of hours of employment of a railway servant referred to in any of the sub-sections, he shall be paid overtime at not less than two times his ordinary rate of pay for the excess hours of work. **133. Grant of periodical rest.—(1) Subject to the provisions of this section, a railway servant—** (a) whose employment is intensive or continuous shall, for every week commencing on a Sunday, be granted a rest of not less than thirty consecutive hours; (b) whose employment is essentially intermittent shall, for every week commencing on a Sunday, be granted a rest of not less than twenty-four consecutive hours including a full night. (2) Notwithstanding anything contained in sub-section (1),— (i) any locomotive or traffic running staff shall be granted, each month, a rest of at least four periods of not less than thirty consecutive hours each or at least five periods of not less than twenty-two consecutive hours each, including a full night; (ii) the Central Government may, by rules, specify the railway servants to whom periods of rest on scales less than those laid down under sub-section (1) may be granted and the periods thereof. (3) Subject to such rules as may be made in this behalf, if the prescribed authority is of the opinion that such circumstances as are referred to in sub-section (4) of section 132 are present, it may exempt any railway servant from the provisions of sub-section (1) or clause (i) of sub-section (2): Provided that a railway servant so exempted shall, in such circumstances as may be prescribed, be granted compensatory periods of rest for the periods he has foregone. **134. Railway servant to remain on duty.—Nothing in this Chapter or the rules made thereunder** shall, where due provision has been made for the relief of a railway servant, authorise him to leave his duty until he has been relieved. **135. Supervisors of railway labour.—(1) Subject to such rules as may be made in this behalf, the** Central Government may appoint supervisors of railway labour. (2) The duties of supervisors of railways labour shall be— (i) to inspect railways in order to determine whether the provisions of this Chapter or of the rules made thereunder are duly observed; and (ii) to perform such other functions as may be prescribed. (3) A supervisor of railway labour shall be deemed to be a Commissioner for the purposes of sections 7 and 9. **136. Power to make rules in respect of matters in this Chapter.—(1) The Central Government** may, by notification, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the authorities who may declare the employment of any railway servant essentially intermittent or intensive; (b) the appeals against any such declaration and the manner in which, and the conditions subject to which any such appeal may be filed and heard; (c) the categories of staff that may be specified under sub-clauses (iv) and (v) of clause (c) of section 130; 48 ----- (d) the authorities by whom exemptions under sub-section (4) of section 132 or sub-section (3) of section 133 may be made; (e) the delegation of power by the authorities referred to in clause (d); (f) the railway servant to whom clause (ii) of sub-section (2) of section 133 apply and the periods of rest to be granted to them; (g) the appointment of supervisors of railway labour and their functions. CHAPTER XV PENALTIES AND OFFENCES **137. Fraudulently travelling or attempting to travel without proper pass or ticket.—(1) If any** person, with intent to defraud a railway administration,— (a) enters or remains in any carriage on a railway or travels in a train in contravention of section 55, or (b) uses or attempts to use a single pass or a single ticket which has already been used on a previous journey, or in the case of a return ticket, a half thereof which has already been so used, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. (2) The person referred to in sub-section (1) shall also be liable to pay the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined. (3) The excess charge referred to in sub-section (2) shall be a sum equal to the ordinary single fare referred to in that sub-section or [1][two hundred and fifty rupees], whichever is more. (4) Notwithstanding anything contained in section 65 of the Indian Penal Code (45 of 1960), the court convicting an offender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months. **138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond** **authorised distance.—(1) If any passenger,—** (a) being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 54, or (b) travels in a train in contravention of the provisions of section 55, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, the excess charge mentioned in sub-section (3) in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or, if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or in the case of their having been examined more than once, were last examined. (2) If any passenger,— (a) travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket; or 1. Subs. by Act 56 of 2003, s. 2, for “fifty rupees” (w.e.f. 1-7-2004). 49 ----- (b) travels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in sub-section (3). (3) The excess charge shall be a sum equal to the amount payable under sub-section (1) or sub-section (2), as the case may be, or [1][two hundred and fifty rupees], whichever is more: Provided that if the passenger has with him a certificate granted under sub-section (2) of section 55, no excess charge shall be payable. (4) If any passenger liable to pay the excess charge and the fare mentioned in sub-section (1), or the excess charge and any difference of fare mentioned in sub-section (2), fails or refuses to pay the same on a demand being made therefor under one or other of these sub-sections, as the case may be, any railway servant authorised by the railway administration in this behalf may apply to any Metropolitan Magistrate or a Judicial Magistrate of the first or second class, as the case may be, for the recovery of the sum payable as if it were a fine, and the Magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a term which may extend to one month but not less than ten days. (5) Any sum recovered under sub-section (4) shall, as and when it is recovered, be paid to the railway administration. **139. Power to remove persons.—Any person failing or refusing to pay the fare and the excess** charge referred to in section 138 may be removed by any railway servant authorised in this behalf who may call to his aid any other person to effect such removal: Provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket: Provided further that a woman or a child if unaccompanied by a male passenger, shall not be so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal shall be made only during the day. **140. Security for good behaviour in certain cases.—(1) When a court convicting a person of an** offence under section 137 or section 138 finds that he has been habitually committing or attempting to commit that offence and the court is of the opinion that it is necessary or desirable to require that person to execute a bond for good behaviour, such court may, at the time of passing the sentence on the person, order him to execute a bond with or without sureties, for such amount and for such period not exceeding three years as it deems fit. (2) An order under sub-section (1) may also be made by an appellate court or by the High Court when exercising its powers of revision. **141. Needlessly interfering with means of communication in a train.—If any passenger or any** other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passengers and the railway servant in charge of the train, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a passenger, without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not be less than— (a) a fine of five hundred rupees, in the case of conviction for the first offence; and (b) imprisonment for three months in case of conviction for the second or subsequent offence. 1. Subs. by Act 56 of 2003, s. 3, for “fifty rupees” (w.e.f. 1-7-2004). 50 ----- **142. Penalty for transfer of tickets.—(1) If any person not being a railway servant or an agent** authorised in this behalf— (a) sells or attempts to sell any ticket or any half of a return ticket; or (b) parts or attempts to part with the possession of a ticket against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket, in order to enable any other person to travel therewith, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part. (2) If any person purchases any ticket referred to in clause (a) of sub-section (1) or obtains the possession of any ticket referred to in clause (b) of that sub-section from any person other than a railway servant or an agent authorised in this behalf, he shall be punishable with imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees and if the purchaser or holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the ticket which he so purchased or obtained and shall be deemed to be travelling without a proper ticket and shall be liable to be dealt with under section 138: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the punishment under sub-section (1) or sub-section (2) shall not be less than a fine of two hundred and fifty rupees. **143. Penalty for unauthorised carrying on of business of procuring and supplying of railway** **tickets.—(1) If any person, not being a railway servant or an agent authorised in this behalf,—** (a) carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation for journey in a train; or (b) purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he 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, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees. (2) Whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence. **144. Prohibition on hawking, etc., and begging.—(1) If any person canvasses for any custom or** hawks or exposes for sale any article whatsoever in any railway carriage or upon any part of a railway, except under and in accordance with the terms and conditions of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two 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, such punishment shall not be less than a fine of one thousand rupees. 1[(2) No person shall be permitted to beg in any railway carriage or upon any part of the railway.] (3) Any person referred to in sub-section (1) or sub-section (2) may be removed from the railway carriage or any part of the railway or railway station, as the case may be, by any railway servant authorised in this behalf or by any other person whom such railway servant may call to his aid. **145. Drunkenness or nuisance.—If any person in any railway carriage or upon any part of a** railway— 1. Subs. by Act 18 of 2023, s. 2 and Schedule, for sub-section (2) (w.e.f. 1-3-2024). 51 ----- (a) is in a state of intoxication; or (b) commits any nuisance or act of indecency or uses abusive or obscene language; or (c) wilfully or without excuse interferes with any amenity provided by the railway administration so as to affect the comfortable travel of any passenger, he may be removed from the railway by any railway servant and shall, in addition to the forfeiture of his pass or ticket, be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than— (a) a fine of one hundred rupees in the case of conviction for the first offence; and (b) imprisonment of one month and a fine of two hundred and fifty rupees, in the case of conviction for second or subsequent offence. **146. Obstructing railway servant in his duties.—If any person wilfully obstructs or prevents any** railway servant in the discharge of his duties, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. **147. Trespass and refusal to desist from trespass.—(1) If any person enters upon or into any part** of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. (2) Any person referred to in sub-section (1) may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid. **148. Penalty for making a false statement in an application for compensation.—If in any** application for compensation under section 125, any person makes a statement which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. **149. Making a false claim for compensation.—If any person requiring compensation from a railway** administration for loss, destruction, damage, deterioration or non-delivery of any consignment makes a claim which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. **150. Maliciously wrecking or attempting to wreck a train.—(1) Subject to the provisions of** sub-section (2), if any person unlawfully,— (a) puts or throws upon or across any railway, any wood, stone or other matter or thing; or (b) takes up, removes, loosens or displaces any rail, sleeper or other matter or things belonging to any railway; or (c) turns, moves, unlocks or diverts any points or other machinery belonging to any railway; or (d) makes or shows, or hides or removes, any signal or light upon or near to any railway; or (e) does or causes to be done or attempts to do any other act or thing in relation to any railway, with intent or with knowledge that he is likely to endanger the safety of any person travelling on or being upon the railway, he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a person is punishable with rigorous imprisonment, such imprisonment shall not be less than— 52 ----- (a) three years, in the case of a conviction for the first offence; and (b) seven years, in the case of conviction for the second or subsequent offence. (2) If any person unlawfully does any act or thing referred to in any of the clauses of sub-section (1)— (a) with intent to cause the death of any person and the doing of such act or thing causes the death of any person; or (b) with knowledge that such act or thing is so imminently dangerous that it must in all probability cause the death of any person or such bodily injury to any person as is likely to cause the death of such person, he shall be punishable with death or imprisonment for life. **151. Damage to or destruction of certain railway properties.—(1) If any person, with intent to** cause, or knowing that he is likely to cause damage or destruction to any property of a railway referred to in sub-section (2), causes by fire, explosive substance or otherwise, damage to such property or destruction of such property, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both. (2) The properties of a railway referred to in sub-section (1) are railway track, bridges, station buildings and installations, carriages or wagons, locomotives, signalling, telecommunications, electric traction and block equipments and such other properties as the Central Government being of the opinion that damage thereto or destruction thereof is likely to endanger the operation of a railway, may, by notification, specify. **152. Maliciously hurting or attempting to hurt persons travelling by railway.—If any person** unlawfully throws or causes to fall or strike at against, into or upon any rolling stock forming part of a train, any wood, stone or other matter or thing with intent, or with knowledge that he is likely to endanger the safety of any person being in or upon such rolling stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life, or with imprisonment for a term which may extend to ten years. **153. Endangering safety of persons travelling by railway by wilful act or omission.—If any** person by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punishable with imprisonment for a term which may extend to five years. **154. Endangering safety of persons travelling by railway by rash or negligent act or omission.—** If any person in a rash and negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. **155. Entering into a compartment reserved or resisting entry into a compartment not** **reserved.— (1) If any passenger.—** (a) having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or (b) having unauthorisedly occupied a berth or seat reserved by a railway administration for the use of another passenger, refuses to leave it when required to do so by any railway servant authorised in this behalf, such railway servant may remove him or cause him to be removed, with the aid of any other person, from the compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees. (2) If any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees. 53 ----- **156. Travelling on roof, step or engine of a train.—If any passenger or any other person, after** being warned by a railway servant to desist, persists in travelling on the roof, step or footboard of any carriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both and may be removed from the railway by any railway servant. **157. Altering or defacing pass or ticket.—If any passenger wilfully alters or defaces his pass or** ticket so as to render the date, number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. **158. Penalty for contravention of any of the provisions of Chapter XIV.—Any person under** whose authority any railway servant is employed in contravention of any of the provisions of Chapter XIV or of the rules made thereunder, shall be punishable with fine which may extend to five hundred rupees. **159. Disobedience of drivers or conductors of vehicles to directions of railway servant, etc.—If** any driver or conductor of any vehicle while upon the premises of a railway disobeys the reasonable directions of any railway servant or police officer, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. **160. Opening or breaking a level crossing gate.—(1) If any person, other than a railway servant or** a person authorised in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to three years. (2) If any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to five years. **161. Negligently crossing unmanned level crossing.—If any person driving or leading a vehicle is** negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year. _Explanation.—For the purposes of this section, “negligence” in relation to any person driving or_ leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person— (a) without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, or (b) even while an approaching rolling stock is in sight. **162. Entering carriage or other place reserved for females.—If a male person knowing or having** reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved by a railway administration for the exclusive use of females, without lawful excuse,— (a) enters such carriage, compartment, room or other place, or having entered such carriage, compartment, room or place, remains therein; or (b) occupies any such berth or seat having been required by any railway servant to vacate it, he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which may extend to five hundred rupees and may also be removed by any railway servant. **163. Giving false account of goods.—If any person required to furnish an account of goods under** section 66, gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall, without prejudice to his liability to pay any freight or other charge under any provision of this Act, be punishable with fine which may extend to five hundred rupees for every quintal or part thereof of such goods. **164. Unlawfully bringing dangerous goods on a railway.—If any person, in contravention of** section 67, takes with him any dangerous goods or entrusts such goods for carriage to the railway 54 ----- administration, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees or with both and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway. **165. Unlawfully bringing offensive goods on a railway.—If any person, in contravention of section** 67, takes with him any offensive goods or entrusts such goods for carriage to the railway administration, he shall be punishable with fine which may extend to five hundred rupees and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway. **166. Defacing public notices.—If any person without lawful authority—** (a) pulls down or wilfully damages any board or document set up or posted by the order of a railway administration on a railway or any rolling stock; or (b) obliterates or alters any letters or figures upon any such board or document or upon any rolling stock, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. **167. Smoking.—(1) No person in any compartment of a train shall, if objected to by any other** passenger in that compartment, smoke therein. (2) Notwithstanding anything contained in sub-section (1), a railway administration may prohibit smoking in any train or part of a train. (3) Whosoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to one hundred rupees. **168. Provision with respect to commission of offence by the children of acts endangering safety** **of person travelling on railway.—(1) If a person under the age of twelve years is guilty of any of the** offences under sections 150 to 154, the court convicting him may require the father or guardian of such person to execute, within such time as the court may fix, a bond for such amount and for such period as the court may direct for the good conduct of such person. (2) The amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself. (3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the court, he shall be punishable with fine which may extend to fifty rupees. **169. Levy of penalty on non-Government railway.—If a non-Government railway fails to comply** with, any requisition made, decision or direction given, by the Central Government, under any of the provisions of this Act, or otherwise contravenes any of the provisions of this Act, it shall be open to the Central Government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further penalty not exceeding one hundred and fifty rupees for every day during which the contravention continues: Provided that no such penalty shall be levied except after giving a reasonable opportunity to the non-Government railway to make such representation as it deems fit. **170. Recovery of penalty.—Any penalty imposed by the Central Government under section 169,** shall be recoverable by a suit in the District Court having jurisdiction in the place where the head office of the non-Government railway is situated. **171. Section 169 or 170 not to preclude Central Government from taking any other action.—** Nothing in section 169 or 170 shall preclude the Central Government from resorting to any other action to compel a non-Government railway to discharge any obligation imposed upon it by or under this Act. **172. Penalty for intoxication.—If any railway servant is in a state of intoxication while on duty, he** shall be punishable with fine which may extend to five hundred rupees and when the performance of any duty in such state is likely to endanger the safety of any person travelling on or being upon a railway, such railway servant shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 55 ----- **173. Abandoning train, etc., without authority.—If any railway servant, when on duty, is entrusted** with any responsibility connected with the running of a train, or of any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place without authority or without properly handing over such train or rolling stock to another authorised railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. **174. Obstructing running of train, etc.—If any railway servant (whether on duty or otherwise) or** any other person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon a railway,— (a) by squatting or picketing or during any rail roko agitation or bandh; or (b) by keeping without authority any rolling stock on the railway; or (c) by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise, 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. **175. Endangering the safety of persons.—If any railway servant, when on duty, endangers the** safety of any person— (a) by disobeying any rule made under this Act; or (b) by disobeying any instruction, direction or order under this Act or the rules made thereunder; or (c) by any rash or negligent act or omission, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. **176. Obstructing level crossing.—If any railway servant unnecessarily—** (a) allows any rolling stock to stand across a place where the railway crosses a public road on the level; or (b) keeps a level crossing closed against the public, he shall be punishable with fine which may extend to one hundred rupees. **177. False returns.—If any railway servant required to furnish a return by or under this Act, signs** and furnishes a return which is false in any material particular or which he knows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both. **178. Making a false report by a railway servant.—If any railway servant who is required by a** railway administration to inquire into a claim for loss, destruction, damage, deterioration or non-delivery of any consignment makes a report which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. **1[179. Arrest for offences under certain sections.—(1) If any person commits any offence** mentioned in sections 150 to 152, he may be arrested without warrant or other written authority by any railway servant or police officer not below the rank of a head constable. [(2) If any person commits any offence mentioned in sections 137 to 139, 141 to 147, 153 to 157, 159](https://indiankanoon.org/doc/385302/) to 167 and 172 to 176, he may be arrested, without warrant or other written authority, by the officer authorised by a notified order of the Central Government. [(3) The railway servant or the police officer or the officer authorised, as the case may be, may call to](https://indiankanoon.org/doc/122669/) his aid any other person to effect the arrest under sub-section (1) or sub-section (2), as the case may be. 1. Subs. by Act 51 of 2003, s. 3, for section 179 (w.e.f. 1-7-2004). 56 ----- [(4) Any person so arrested under this section shall be produced before the nearest Magistrate within a](https://indiankanoon.org/doc/1768073/) period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate.] **180. Arrest of persons likely to abscond, etc.—(1) If any person who commits any offence under** this Act, other than an offence mentioned in [1][sub-section (2) of section 179], or is liable to pay any excess charge or other sum demanded under section 138, fails or refuses to give his name and address or there is reason to believe that the name and address given by him are fictitious or that he will abscond, 2[the officer authorised] may arrest him without warrant or written authority. (2) [3][The officer authorised] may call to his aid any other person to effect the arrest under sub-section (1). (3) Any person arrested under this section shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate unless he is released earlier on giving bail or if his true name and address are ascertained on executing a bond without sureties for his appearance before the Magistrate having jurisdiction to try him for the offence. (4) The provisions of Chapter XXIII of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the giving of bail and the execution of bonds under this section. **4[180A. Inquiry by officer authorised to ascertain commission of offence.—For ascertaining facts** and circumstances of a case, the officer authorised may make an inquiry into the commission of an offence mentioned in sub-section (2) of section 179 and may file a complaint in the competent court if the offence is found to have been committed. **[180B. Powers of officer authorised to inquire.—While making an inquiry, the officer authorised](https://indiankanoon.org/doc/211186/)** shall have power to,— [(i) summon and enforce the attendance of any person and record his statement;](https://indiankanoon.org/doc/1688750/) [(ii) require the discovery and production of any document;](https://indiankanoon.org/doc/679861/) [(iii) requisition any public record or copy thereof from any office, authority or person;](https://indiankanoon.org/doc/60663/) [(iv) enter and search any premises or person and seize any property or document which may be](https://indiankanoon.org/doc/1096198/) relevant to the subject-matter of the inquiry. **[180C. Disposal of persons arrested.—Every person arrested for an offence punishable under](https://indiankanoon.org/doc/1063349/)** sub-section (2) of section 179 shall, if the arrest was made by a person other than the officer authorised, be forwarded, without delay, to such officer. **[180D. Inquiry how to be made against arrested person.—(1) When any person is arrested by the](https://indiankanoon.org/doc/881987/)** officer authorised for an offence punishable under this Act, such officer shall proceed to inquire into the charge against such person. [(2) For this purpose, the officer authorised may exercise the same powers and shall be subject to the](https://indiankanoon.org/doc/431484/) same provisions as the officer in charge of a police station may exercise and is subject to the provisions of the Code of Criminal Procedure, 1973 (2 of 1974 ), when investigating a cognizable case: Provided that— [(a) if the officer authorised is of the opinion that there is sufficient evidence or reasonable ground](https://indiankanoon.org/doc/409805/) of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate; [(b) if it appears to the officer authorised that there is not sufficient evidence or reasonable ground](https://indiankanoon.org/doc/43142/) of suspicion against the accused person, he shall release the accused person on his executing a bond, 1. Subs. by Act 51 of 2003, s. 4, for “section 179” (w.e.f. 1-7-2004). 2. Subs. by s. 4, ibid., for certain words (we.f. 1-7-2004). 3. Subs. by s. 4, ibid., for “The railway servant or the police officer” (w.e.f. 1-7-2004). 4. Ins. by s. 5, ibid. (w.e.f. 1-7-2004). 57 ----- with or without sureties as the officer authorised may direct, to appear, if and when so required, before the Magistrate having jurisdiction. **[180E. Search, seizure and arrest how to be made.—All searches, seizures and arrests made under](https://indiankanoon.org/doc/572734/)** this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974 ), relating respectively to searches and arrests made under that Code. **[180F. Cognizance by Court on a complaint made by officer authorised.—No court shall take](https://indiankanoon.org/doc/1232837/)** cognizance of an offence mentioned in sub-section (2) of section 179 except on a complaint made by the officer authorised. **[180G. Punishment for certain offences in relation to inquiry.—Whoever intentionally insults or](https://indiankanoon.org/doc/51544/)** causes any interruption in the inquiry proceedings or deliberately makes a false statement before the inquiring officer shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.] **181. Magistrate having jurisdiction under the Act.—Notwithstanding anything contained in the** Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence under this Act. **182. Place of trial.—(1) Any person committing an offence under this Act or any rule made** thereunder shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force. (2) Every notification under sub-section (1) shall be published in the Official Gazette, and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such railway stations as the State Government may direct. CHAPTER XVI MISCELLANEOUS **183. Power to provide other transport services.—(1) A railway administration may, for the** purpose of facilitating the carriage of passengers or goods or to provide integrated service for such carriage, provide any other mode of transport. (2) Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to the carriage of passengers or goods by the mode of transport referred to in sub-section (1). **184. Taxation on railways by local authorities.—(1) Notwithstanding anything to the contrary** contained in any other law, a railway administration shall not be liable to pay any tax in aid of the funds of any local authority unless the Central Government, by notification, declares the railway administration to be liable to pay the tax specified in such notification. (2) While a notification of the Central Government under sub-section (1) is in force, the railway administration shall be liable to pay to the local authority either the tax specified in the notification or, in lieu thereof, such sum, if any, as an officer appointed in this behalf by the Central Government may, having regard to all the circumstances of the case, from time to time, determine to be fair and reasonable. (3) The Central Government may at any time revoke or vary a notification issued under sub-section (1). (4) Nothing in this section shall be construed to prevent any railway administration from entering into a contract with any local authority for the supply of water or light, or for the scavenging of railway premises, or for any other service which the local authority may be rendering or be prepared to render to the railway administration. **185. Taxation on railways for advertisement.—(1) Notwithstanding anything to the contrary** contained in any other law, a railway administration shall not be liable to pay any tax to any local authority in respect of any advertisement made on any part of the railway unless the Central Government, 58 ----- by notification, declares the railway administration to be liable to pay the tax specified in such notification. (2) The Central Government may at any time revoke or vary a notification issued under sub-section (1). **186. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Central Government, any railway administration, a railway servant 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 or orders made thereunder. **187. Restriction on exceution against railway property.—(1) No rolling stock, machinery, plant,** tools, fittings, materials or effects used or provided by a railway administration for the purpose of traffic on its railway, or of its stations or workshops, shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law the power to attach or distrain property or otherwise to cause property to be taken in execution, without the previous sanction of the Central Government. (2) Nothing in sub-section (1) shall be construed to affect the authority of any court to attach the earnings of a railway in execution of a decree or order. **188. Railway servants to be public servants for the purposes of Chapter IX and section 409 of** **the Indian Penal Code (45 of 1860).—(1) Any railway servant, who is not a public servant within the** meaning of section 21 of the Indian Penal Code (45 of 1860), shall be deemed to be a public servant for the purposes of Chapter IX and section 409 of that Code. (2) In the definition of “legal remuneration” in section 161 of the Indian Penal Code (45 of 1860), the word “Government” shall, for the purposes of sub-section (1), be deemed to include any employer of a railway servant as such. **189. Railway servants not to engage in trade.—A railway servant shall not—** (a) purchase or bid for, either in person or by an agent, in his own name or in that of another, or jointly or in shares with others, any property put to auction under section 83 or section 84 or section 85 or section 90; or (b) in contravention of any direction of the railway administration in this behalf, engage in trade. **190. Procedure for delivery to railway administration of property detained by a railway** **servant.—If a railway servant is discharged from service or is suspended, or dies or absconds or absents** himself, and he or his wife or widow or any member of his family or his representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the railway administration or to a person appointed by the railway administration, in this behalf, any station, office or other building with its appurtenances, or any books, papers, keys, equipment or other matters, belonging to the railway administration and in the possession or custody of such railway servant at the occurrence of any such event as aforesaid, any Metropolitan Magistrate or Judicial Magistrate of the first class may, on application made by or on behalf of the railway administration, order any police officer, with proper assistance, to enter upon the station, office or other building and remove any person found therein and take possession thereof, or to take possession of the books, papers or other matters, and to deliver the same to the railway administration or to a person appointed by the railway administration in that behalf. **191. Proof of entries in records and documents.—Entries made in the records or other documents** of a railway administration shall be admitted in evidence in all proceedings by or against the railway administration, and all such entries may be proved either by the production of the records or other documents of the railway administration containing such entries or by the production of a copy of the entries certified by the officer having custody of the records or other documents under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents of the railway administration in his possession. **192. Service of notice, etc., on railway administration.—Any notice or other document required or** authorised by this Act to be served on a railway administration may be served, in the case of a Zonal 59 ----- Railway, on the General Manager or any of the railway servant authorised by the General Manager, and in the case of any other railway, on the owner or lessee of the railway or the person working the railway under an agreement— (a) by delivering it to him; or (b) by leaving it at his office; or (c) by registered post to his office address. **193. Service of notice, etc., by railway administration.—Unless otherwise provided in this Act or** the rules framed thereunder, any notice or other document required or authorised by this Act to be served on any person by a railway administration may be served— (a) by delivering it to the person; or (b) by leaving it at the usual or last known place of abode of the person; or (c) by registered post addressed to the person at his usual or last known place of abode. **194. Presumption where notice is served by post.—Where a notice or other document is served by** post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was property addressed and registered. **195. Representation of railway administration.—(1) A railway administration may, by order in** writing, authorise any railway servant or other person to act for, or represent it, as the case may be, in any proceeding before any civil, criminal or other court. (2) A person authorised by a railway administration to conduct prosecutions on its behalf shall, notwithstanding anything in section 302 of the Code of Criminal Procedure, 1973 (2 of 1974), be entitled to conduct such prosecutions without the permission of the Magistrate. **196. Power to exempt railway from Act.—(1) The Central Government may, by notification,** exempt any railway from all or any of the provisions of this Act. (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. **197. Matters supplemental to the definitions of “railway” and “railway servant”.—(1) For the** purposes of sections 67, 113, 121, 123, 147, 151 to 154, 160, 164, 166, 168, 170, 171, 173 to 176, 179, 180, 182, 184, 185, 187 to 190, 192, 193, 195 and of this section, the word “railway” whether it occurs alone or as a prefix to another word, has reference to a railway or portion of a railway under construction and to a railway or portion of a railway not used for the public carriage of passengers, animals or goods as well as to a railway falling within the definition of that word in clause (31) of section 2. (2) For the purposes of sections 7, 24, 113, 146, 172 to 176 and 188 to 190, the expression “railway servant” includes a person employed under a railway in connection with the service thereof by a person fulfilling a contract with the railway administration. **198. General power to make rules.—Without prejudice to any power to make rules contained** elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this Act. **199. 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 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. 60 ----- **200. Repeal and saving.—(1) The Indian Railways Act, 1890 (9 of 1890) is hereby repealed.** (2) Notwithstanding the repeal of the Indian Railways Act, 1890 (9 of 1890) (hereinafter referred to as the repealed Act)— (a) anything done or any action taken or purported to have been done or taken (including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed) under the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that may be made to the said Tribunal against any act or omission of a railway administration under the repealed Act shall be heard and decided by the Tribunal constituted under this Act in accordance with the provisions of Chapter VII of this Act. (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. 61 -----

11-Sep-1989

33

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

https://www.indiacode.nic.in/bitstream/123456789/1920/1/a1989-33.pdf

central

# THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 ______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY # SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II OFFENCES OF ATROCITIES 3. Punishments for offences atrocities. 4. Punishment for neglect of duties. 5. Enhanced punishment subsequent conviction. 6. Application of certain provisions of the Indian Penal Code. 7. Forfeiture of property of certain persons. 8. Presumption as to offences. 9. Conferment of powers. CHAPTER III EXTERNMENT 10. Removal of person likely to commit offence. 11. Procedure on failure of person to remove himself from area and enterthereon after removal. 12. Taking measurements and photographs, etc., of persons against whom order undersection 10 is made. 13. Penalty fornoncompliance of order under section 10. CHAPTER IV SPECIAL COURTS 14. Special Court and Exclusive Special Court. 14A. Appeals. 15. Special Public Prosecutor and Exclusive Public Prosecutor. CHAPTER IVA RIGHTS OF VICTIMS AND WITNESSES 15A. Rights of victims and witnesses. 16.Power of State Governmentto imposecollective fine. 17.Preventive action to be taken by the law and order machinery. 18.Section 438 of the Code not to apply to persons committing an offence under the Act. 18A. No enquiry or approval required. 19.Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to persons guilty of an offence under the Act. 20.Act to overrideother laws. 21.Duty of Governmentto ensure effective implementationof the Act. 22.Protection of action taken in good faith. 23.Power to make rules. THE SCHEDULE 1 ----- # THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 ACT NO. 33 OF 1989 [11th September, 1989.] # An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for [1][Special Courts and the Exclusive Special Courts] for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Scheduled Castes and** the Scheduled Tribes (Prevention of Atrocities) Act, 1989. (2) It extends to the whole of India[2]***. (3) It shall come into force on such date[3] as the Central Government may, by notification in the Official Gazette, appoint. 2. Definitions.—(1) In this Act, unless the context otherwise requires,— (a) “atrocity” means an offence punishable under section 3; (b) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974); 4[(bb) “dependent” means the spouse, children, parents, brother and sister of the victim, who are dependent wholly or mainly on such victim for his support and maintenance; (bc) “economic boycott” means– (i) a refusal to deal with, work for hire or do business with other person; or (ii) to deny opportunities including access to services or contractual opportunities for rendering service for consideration; or (iii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; or (iv) to abstain from the professional or business relations that one would maintain with other person; (bd) “Exclusive Special Court” means the Exclusive Special Court established under sub-section (1) of section 14 exclusively to try the offences under this Act; (be) “forest rights” shall have the meaning assigned to it in sub-section(1) of section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006 (2 of 2007); (bf) “manual scavenger” shall have the meaning assigned to it in clause(g) of sub-section (1) of section 2 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (25 of 2013); (bg) “public servant” means a public servant as defined under section 21of the Indian Penal Code (45 of 1860), as well as any other person deemed to be a public servant under any other law for the 1. Subs. by Act 1 of 2016, s. 2, for “Special Courts” (w.e.f. 26-1-2016). 2. The words “except the State of Jammu &Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 3. 30th January, 1990, _vide_ notification No. S.O. 106(E), dated 29th January, 1990, _See Gazette of India, Extraordinary,_ Part II, sec. 3(ii). 4. Ins. by Act 1 of 2016, s. 3 (w.e.f. 26-1-2016). 2 ----- time being in force and includes any person acting in his official capacity under the Central Government or the State Government, as the case may be;] (c) “Scheduled Castes and Scheduled Tribes” shall have the meanings assigned to them respectively under clause (24) and clause (25) of article 366 of the Constitution; (d) “Special Court” means a Court of Session specified as a Special Court in section 14; (e) “Special Public Prosecutor” means a Public Prosecutor specified as a Special Public Prosecutor or an advocate referred to in section 15; 1[(ea) “Schedule” means the Schedule appended to this Act; (eb) “social boycott” means a refusal to permit a person to render to other person or receive from him any customary service or to abstain from social relations that one would maintain with other person or to isolate him from others; (ec) “victim” means any individual who falls within the definition of the “Scheduled Castes and Scheduled Tribes” under clause (c) of sub-section (1) of section 2, and who has suffered or experienced physical, mental, psychological, emotional or monetary harm or harm to his property as a result of the commission of any offence under this Act and includes his relatives, legal guardian and legalheirs; (ed) “witness” means any person who is acquainted with the facts and circumstances, or is in possession of any information or has knowledge necessary for the purpose of investigation, inquiry or trial of any crime involving an offence under this Act, and who is or may be required to give information or make a statement or produce any document during investigation, inquiry or trial of such case and includes a victim of such offence;] 2[(f) the words and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860), the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), as the case may be, shall be deemed to have the meanings respectively assigned to them in those enactments.] (2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law, if any, in force in that area. CHAPTER II OFFENCES OF ATROCITIES **3. Punishments for offences atrocities.—[3][(1) Whoever, not being a member of a Scheduled Caste** or a Scheduled Tribe,— (a) puts any inedible or obnoxious substance into the mouth of a member of a Scheduled Caste or a Scheduled Tribe or forces such member to drink or eat such inedible or obnoxious substance; (b) dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises, occupied by a member of a Scheduled Caste or a Scheduled Tribe; (c) with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in his neighbourhood; (d) garlands with footwear or parades naked or semi-naked a member of a Scheduled Caste or a Scheduled Tribe; 1. Ins. by Act 1 of 2016, s. 3 (w.e.f. 26-1-2016). 2. Subs. by s. 3,ibid., for clause (f) (w.e.f. 26-1-2016). 3. Subs. by s. 4, ibid., for sub-section (1) (w.e.f. 26-1-2016). 3 ----- (e) forcibly commits on a member of a Scheduled Caste or a Scheduled Tribe any act, such as removing clothes from the person, forcible tonsuring of head, removing moustaches, painting face or body or any other similar act, which is derogatory to human dignity; (f) wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe, or gets such land transferred; (g) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom. _Explanation.––For the purposes of clause (f) and this clause, the expression “wrongfully”_ includes— (A) against the person’s will; (B) without the person’s consent; (C) with the person’s consent, where such consent has been obtained by putting the person, or any other person in whom the person is interested in fear of death or of hurt; or (D) fabricating records of such land; (h) makes a member of a Scheduled Caste or a Scheduled Tribe to do “begar” or other forms of forced or bonded labour other than any compulsory service for public purposes imposed by the Government; (i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or animal carcasses, or to dig graves; (j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or employs or permits the employment of such member for such purpose; (k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of worship, temple, or other religious institution as a _devadasi_ or any other similar practice or permits aforementioned acts; (l) forces or intimidates or prevents a member of a Scheduled Caste or a Scheduled Tribe— (A) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law; (B) not to file a nomination as a candidate or to withdraw such nomination; or (C) not to propose or second the nomination of a member of a Scheduled Caste or a Scheduled Tribe as a candidate in any election; (m) forces or intimidates or obstructs a member of a Scheduled Caste or a Scheduled Tribe, who is a member or a Chairperson or a holder of any other office of a Panchayat under Part IX of the Constitution or a Municipality under Part IXA of the Constitution, from performing their normal duties and functions; (n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott upon a member of a Scheduled Caste or a Scheduled Tribe or prevents from availing benefits of any public service which is due to him; (o) commits any offence under this Act against a member of a Scheduled Caste or a Scheduled Tribe for having voted or not having voted for a particular candidate or for having voted in a manner provided by law; (p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe; 4 ----- (q) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe; (r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; (s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view; (t) destroys, damages or defiles any object generally known to beheld sacred or in high esteem by members of the Scheduled Castes or the Scheduled Tribes. _Explanation.––For the purposes of this clause, the expression “object” means and includes statue,_ photograph and portrait; (u) by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes; (v) by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the Scheduled Castes or the Scheduled Tribes; (w) (i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient’s consent; (ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe. _Explanation.––For the purposes of sub-clause (i), the expression “consent” means an unequivocal_ voluntary agreement when the person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act: Provided that a woman belonging to a Scheduled Caste or a Scheduled Tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity: Provided further that a woman’s sexual history, including with the offender shall not imply consent or mitigate the offence; (x) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used; (y) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any other section thereof have a right to use or access to; (z) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence: Provided that nothing contained in this clause shall apply to any action taken in discharge of a public duty; (za) obstructs or prevents a member of a Scheduled Caste or a Scheduled Tribe in any manner with regard to— (A) using common property resources of an area, or burial or cremation ground equally with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage; 5 ----- (B) mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding processions; (C) entering any place of worship which is open to the public or other persons professing the same religion or taking part in, or taking out, any religious, social or cultural processions including jatras; (D) entering any educational institution, hospital, dispensary, primary health centre, shop or place of public entertainment or any other public place; or using any utensils or articles meant for public use in any place open to the public; or (E) practicing any profession or the carrying on of any occupation, trade or business or employment in any job which other members of the public, or any section thereof, have a right to use or have access to; (zb) causes physical harm or mental agony of a member of a Scheduled Caste or a Scheduled Tribe on the allegation of practicing witchcraft or being a witch; or (zc) imposes or threatens a social or economic boycott of any person or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.] (2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— (i) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine; and if an innocent member of a Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death; (ii) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine; (iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; (iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine; (v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property [1][knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member], shall be punishable with imprisonment for life and with fine; 2[(va) commits any offence specified in the Schedule, against a person or property, knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such 1. Subs. by Act 1 of 2016, s. 4, for “on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member” (w.e.f. 26-1-2016). 2. Ins. by s. 4, ibid. (w.e.f. 26-1-2016). 6 ----- member, shall be punishable with such punishment as specified under the Indian Penal Code (45 of 1860) for such offences and shall also be liable to fine;] (vi) knowingly or having reason to believe that an offence has been committed under this Chapter, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence; or (vii) being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence. **1[4. Punishment for neglect of duties.—(1) Whoever, being a public servant but not being a member** of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year. (2) The duties of public servant referred to in sub-section (1) shall include–– (a) to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant; (b) to register a complaint or a First Information Report under this Act and other relevant provisions and to register it under appropriate sections of this Act; (c) to furnish a copy of the information so recorded forthwith to thein formant; (d) to record the statement of the victims or witnesses; (e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days, and to explain the delay if any, in writing; (f) to correctly prepare, frame and translate any document or electronic record; (g) to perform any other duty specified in this Act or the rules made thereunder: Provided that the charges in this regard against the public servant shall be booked on the recommendation of an administrative enquiry. (3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant.] **5. Enhanced punishment subsequent conviction.—Whoever, having already been convicted of an** offence under this Chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence. **6. Application of certain provisions of the Indian Penal Code.—Subject to the other provisions of** this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, section 149 and Chapter XXIII of the Indian Penal Code (45 of 1860), shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code. **7. Forfeiture of property of certain persons.—(1) Where a person has been convicted of any** offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to Government. (2) Where any person is accused of any offence under this Chapter, it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both, 1. Subs. by Act 1 of 2016, s. 5, for section 4 (w.e.f. 26-1-2016). 7 ----- belonging to him, shall, during the period of such trial, be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any fine imposed under this Chapter. **8. Presumption as to offences.—In a prosecution for an offence under this Chapter, if it is proved** that— (a) the accused rendered [1][any financial assistance in relation to the offences committed by a person accused of], or reasonably suspected of, committing, an offence under this Chapter, the Special Court shall presume, unless the contrary is proved, that such person had abetted the offence; (b) a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object; 2[(c) the accused was having personal knowledge of the victim or his family, the Court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved.] **9. Conferment of powers.—(1) Notwithstanding anything contained in the Code or in any other** provision of this Act, the State Government may, if it considers it necessary or expedient so to do,— (a) for the prevention of and for coping with any offence under this Act, or (b) for any case or class or group of cases under this Act, in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State Government, the powers exercisable by a police officer under the Code in such district or part thereof or, as the case may be, for such case or class or group of cases, and in particular, the powers of arrest, investigation and prosecution of persons before any Special Court. (2) All officers of police and all other officers of Government shall assist the officer referred to in sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made thereunder. (3) The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (1). CHAPTER III EXTERNMENT **10. Removal of person likely to commit offence.—(1) Where the Special Court is satisfied, upon a** complaint or a police report that a person is likely to commit an offence under Chapter II of this Act in any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article 244 of the Constitution, 3[or any area identified under the provisions of clause (vii) of sub-section (2) of section 21], it may, by order in writing, direct such person to remove himself beyond the limits of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding [4][three years], as may be specified in the order. (2) The Special Court shall, along with the order under sub-section (1), communicate to the person directed under that sub-section the grounds on which such order has been made. (3) The Special Court may revoke or modify the order made under sub-section (1), for the reasons to be recorded in writing, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order. 1. Subs. by Act 1 of 2016, s. 6, for “any financial assistance to a person accused of” (w.e.f. 26-1-2016). 2. Ins. by s. 6, ibid. (w.e.f. 26-1-2016). 3. Ins. by s. 7, ibid. (w.e.f. 26-1-2016). 4. Subs. by s. 7, ibid., for “two years” (w.e.f. 26-1-2016). 8 ----- **11. Procedure on failure of person to remove himself from area and enter thereon after** **removal.—(1) If a person to whom a direction has been issued under section 10 to remove himself from** any area— (a) fails to remove himself as directed; or (b) having so removed himself enters such area within the period specified in the order, otherwise than with the permission in writing of the Special Court under sub-section (2), the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify. (2) The Special Court may, by order in writing, permit any person in respect of whom an order under section 10 has been made, to return to the area 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 observation of the conditions imposed. (3) The Special Court may at any time revoke any such permission. (4) Any person who, with such permission, returns to the area from which he was directed to remove himself 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 such area and shall not return thereto within the unexpired portion specified under section 10 without a fresh permission. (5) If a person fails to observe any of the conditions imposed or to remove himself accordingly or having so removed himself enters or returns to such area without fresh permission the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify. **12. Taking measurements and photographs, etc., of persons against whom order undersection** **10 is made.—(1) Every person against whom an order has been made under section 10 shall, if so** required by the Special Court, allow his measurements and photographs to be taken by a police officer. (2) If any person referred to in sub-section (1), when required to allow his measurements or photographs to be taken, resists or refuses to allow the taking of such measurements or photographs, it shall be lawful to use all necessary means to secure the taking thereof. (3) Resistance to or refusal to allow the taking of measurements or photographs under sub-section (2) shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860). (4) Where an order under section 10 is revoked, all measurements and photographs (including negatives) taken under sub-section (2) shall be destroyed or made over to the person against whom such order is made. **13. Penalty for noncompliance of order under section 10.—Any person contravening an order of** the Special Court made under section 10 shall be punishable with imprisonment for a term which may extend to one year and with fine. CHAPTER IV SPECIAL COURTS 1[14. Special Court and Exclusive Special Court.—(1) For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, establish an Exclusive Special Court for one or more Districts: Provided that in Districts where less number of cases under this Act is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offences under this Act: 1. Subs. by Act 1 of 2016, s. 8, for section 14 (w.e.f. 26-1-2016). 9 ----- Provided further that the Courts so established or specified shall have power to directly take cognizance of offences under this Act. (2) It shall be the duty of the State Government to establish adequate number of Courts to ensure that cases under this Act are disposed of within a period of two months, as far as possible. (3) In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing: Provided that when the trial relates to an offence under this Act, the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet.] **STATE AMENDMENTS** **Karnataka** **Amendment of section 14.—In section 14 of the Scheduled Castes and the Scheduled Tribes** (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989), for the words “to try offences under this Act”, the words “to take cognizance of offences under this Act as a court of original jurisdiction and to try such offences” shall be substituted. [Vide Karnataka Act 35 of 2003, s. 2 ] 1[14A. Appeals.—(1) Notwithstanding anything contained in the Code of CriminalProcedure,1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a Special Court or an Exclusive Special Court, to the High Court both on facts and on law. (2) Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall lie to the High Court against an order of the Special Court or the Exclusive Special Court granting or refusing bail. (3) Notwithstanding anything contained in any other law for the time being inforce, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: Provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days. (4) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.] 2[15. Special Public Prosecutor and Exclusive Public Prosecutor.—(1) For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court. (2) For every Exclusive Special Court, the State Government shall, by notification in the Official Gazette, specify an Exclusive Special Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an Exclusive Special Public Prosecutor for the purpose of conducting cases in that Court.] 1. Ins. by Act1 of 2016, s. 9 (w.e.f. 26-1-2016). 2. Subs. by s.10, ibid., for section 15 (w.e.f. 26-1-2016). 10 ----- 1[CHAPTER IVA RIGHTS OF VICTIMS AND WITNESSES **15A. Rights of victims and witnesses.—(1) It shall be the duty and responsibility of the State to** make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence. (2) A victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim’s age or gender or educational disadvantage or poverty. (3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act. (4) A victim or his dependent shall have the right to apply to the Special Court or the Exclusive Special Court, as the case may be, to summon parties for production of any documents or material, witnesses or examine the persons present. (5) A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing. (6) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), the Special Court or the Exclusive Special Court trying a case under this Act shall provide to a victim, his dependent, informant or witnesses–– (a) the complete protection to secure the ends of justice; (b) the travelling and maintenance expenses during investigation, inquiry and trial; (c) the social-economic rehabilitation during investigation, inquiry and trial; and (d) relocation. (7) The State shall inform the concerned Special Court or the Exclusive Special Court about the protection provided to any victim or his dependent, informant or witnesses and such Court shall periodically review the protection being offered and pass appropriate orders. (8) Without prejudice to the generality of the provisions of sub-section (6), the concerned Special Court or the Exclusive Special Court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the Special Public Prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including–– (a) concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public; (b) issuing directions for non-disclosure of the identity and addresses of the witnesses; (c) take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on the same day, if necessary, pass appropriate orders for protection: Provided that inquiry or investigation into the complaint received under clause (c) shall be tried separately from the main case by such Court and concluded within a period of two months from the date of receipt of the complaint: Provided further that where the complaint under clause (c) is against any public servant, the Court shall restrain such public servant from interfering with the victim, informant or witness, as the case may be, in any matter related or unrelated to the pending case, except with the permission of the Court. 1. Ins. byAct1 of 2016, s. 11 (w.e.f. 26-1-2016). 11 ----- (9) It shall be the duty of the Investigating Officer and the Station House Officer to record the complaint of victim, informant or witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing, and a photocopy of the First Information Report shall be immediately given to them at free of cost. (10) All proceedings relating to offences under this Act shall be video recorded. (11) It shall be the duty of the concerned State to specify an appropriate scheme to ensure implementation of the following rights and entitlements of victims and witnesses in accessing justice so as–– (a) to provide a copy of the recorded First Information Report at free of cost; (b) to provide immediate relief in cash or in kind to atrocity victims or their dependents; (c) to provide necessary protection to the atrocity victims or their dependents, and witnesses; (d) to provide relief in respect of death or injury or damage to property; (e) to arrange food or water or clothing or shelter or medical aid or transport facilities or daily allowances to victims; (f) to provide the maintenance expenses to the atrocity victims and their dependents; (g) to provide the information about the rights of atrocity victims at the time of making complaints and registering the First Information Report; (h) to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment; (i) to provide the information to atrocity victims or their dependents or associated organisations or individuals, on the status of investigation and charge sheet and to provide copy of the charge sheet at free of cost; (j) to take necessary precautions at the time of medical examination; (k) to provide information to atrocity victims or their dependents or associated organisations or individuals, regarding the relief amount; (l) to provide information to atrocity victims or their dependents or associated organisations or individuals, in advance about the dates and place of investigation and trial; (m) to give adequate briefing on the case and preparation for trial to atrocity victims or their dependents or associated organisations or individuals and to provide the legal aid for the said purpose; (n) to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage of the proceedings under this Act and to provide the necessary assistance for the execution of the rights. (12) It shall be the right of the atrocity victims or their dependents, to take assistance from the Non Government Organisations, social workers or advocates.] CHAPTER V MISCELLANEOUS **16. Power of State Government to impose collective fine.—The provisions of section 10A of the** Protection of Civil Rights Act, 1955 (22 of 1955) shall, so far as may be, apply for the purposes of imposition and realisation of collective fine and for all other matters connected therewith under this Act. **17. Preventive action to be taken by the law and order machinery.—(1) A District Magistrate or a** Sub-divisional Magistrate or any other Executive Magistrate or any police officer not below the rank of a Deputy Superintendent of Police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or requenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this Act and is of the opinion 12 ----- that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public order and tranquility and may take preventive action. (2) The provisions of Chapters VIII, X and XI of the Code shall, so far as may be, apply for the purposes of sub-section (1). (3) The State Government may, by notification in the Official Gazette, make one or more schemes specifying the manner in which the officers referred to in sub-section (1) shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes. **18. Section 438 of the Code not to apply to persons committing an offence under the Act.—** Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act. **1[18A. No enquiry or approval required.—(1) For the purposes of this Act,—** (a) preliminary enquiry shall not be required for registration of a First Information Report against any person; or (b) the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the Code shall apply. (2) The provisions of section 438 of the Code shall not apply to a case under this Act, notwithstanding any judgment or order or direction of any Court.] **19. Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to** **persons guilty of an offence under the Act.—The provisions of section 360 of the Code and the** provisions of the Probation of Offenders Act, 1958 (20 of 1958) shall not apply to any person above the age of eighteen years who is found guilty of having committed an offence under this Act. **20. Act to override other laws.—Save as otherwise provided in this Act, the provisions of this Act** shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law. **21. Duty of Government to ensure effective implementation of the Act.—(1) Subject to such rules** as the Central Government may make in this behalf, the State Government shall take such measures as may be necessary for the effective implementation of this Act. (2) In particular, and without prejudice to the generality of the foregoing provisions, such measures may include,— (i) the provision for adequate facilities, including legal aid, to the persons subjected to atrocities to enable them to avail themselves of justice; (ii) the provision for travelling and maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of offences under this Act; (iii) the provision for the economic and social rehabilitation of the victims of the atrocities; (iv) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act; (v) the setting up of committees at such appropriate levels as the State Government may think fit to assist that Government in formulation or implementation of such measures; (vi) provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provision of this Act; 1. Ins. by Act 27 of 2018, s. 2 (w.e.f. 20-8-2018). 13 ----- (vii) the identification of the areas where the members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities and adoption of such measures so as to ensure safety for such members. (3) The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-section (1). (4) The Central Government shall, every year, place on the table of each House of Parliament a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section. **22. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall** lie against the Central Government or against the State Government or any officer or authority of Government or any other person for anything which is in good faith done or intended to be done under this Act. **23. 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 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 ----- Section under the Indian Penal Code 1[THE SCHEDULE [See section 3(2)(va)] Name of offence and punishment 120A Definition of criminal conspiracy. 120B Punishment of criminal conspiracy. 141 Unlawful assembly. 142 Being member of unlawful assembly. 143 Punishment for unlawful assembly. 144 Joining unlawful assembly armed with deadly weapon. 145 Joining or continuing in unlawful assembly, knowing it has beencommanded to disperse. 146 Rioting. 147 Punishment for rioting. 148 Rioting, armed with deadly weapon. 217 Public servant disobeying direction of law with intent to save personfrom punishment or property from forfeiture. 319 Hurt. 320 Grievous hurt. 323 Punishment for voluntarily causing hurt. 324 Voluntarily causing hurt by dangerous weapons or means. 325 Punishment for voluntarily causing grievous hurt. 326B Voluntarily throwing or attempting to throw acid. 332 Voluntarily causing hurt to deter public servant from his duty. 341 Punishment for wrongful restraint. 354 Assault or criminal force to woman with intent to outrage hermodesty. 354A Sexual harassment and punishment for sexual harassment. 354B Assault or use of criminal force to woman with intent to disrobe. 354C Voyeurism. 354D Stalking. 359 Kidnapping. 363 Punishment for kidnapping 365 Kidnapping or abducting with intent secretly and wrongfully to confine person. 1. Ins. by Act 1 of 2016, s. 12 (w.e.f. 26-1-2016). 15 ----- Section under the Indian Penal Code Name of offence and punishment 376B Sexual intercourse by husband upon his wife during separation. 376C Sexual intercourse by a person in authority. 447 Punishment for criminal trespass. 506 Punishment for criminal intimidation. 509 Word, gesture or act intended to insult the modesty of a woman.] 16 -----

20-Oct-1989

35

The Nagaland University Act, 1989

https://www.indiacode.nic.in/bitstream/123456789/1932/1/198935.pdf

central

# THE NAGALAND UNIVERSITY ACT, 1989 ____________ # ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. The University. 4. Objects of the University. 5. Transfer of properties of North-Eastern Hill University. 6. Powers of the University. 7. Jurisdiction. 8. University open to all classes, castes and creed. 9. The Visitor. 10. The Chief Rector. 11. Officers of the University. 12. The Chancellor. 13. The Vice-Chancellor. 14. The Pro-Vice-Chancellor. 15. Deans of Schools. 16. The Registrar. 17. The Finance Officer. 18. Other officers. 19. Authorities of the University. 20. The Court. 21. The Executive Council. 22. The Academic Council. 23. The Planning Board. 24. The Boards of Schools. 25. The Finance Committee. 26. Other authorities of the University. 27. Power to make Statutes. 28. Statutes how to be made. 29. Power to make Ordinances. 30. Regulations. 31. Annual report. 32. Annual accounts. 33. Transfer of services of certain employees of the North-Eastern Hill University. 34. Conditions of service of employees. 35. Procedure of appeal and arbitration in disciplinary cases against students. 36. Right to appeal. 1 ----- SECTIONS 37. Provident and pension funds. 38. Disputes as to constitution of University authorities and bodies. 39. Constitution of Committees. 40. Filling of casual vacancies. 41. Proceedings of University authorities or bodies not invalidated by vacancies. 42. Protection of action taken in good faith. 43. Mode of proof of University record. 44. Power to remove difficulties. 45. Transitional provisions. 46. Completion of courses of studies in Colleges or Institutions affiliated to the University. 47. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. 48. [Repealed.] THE SCHEDULE. 2 ----- # THE NAGALAND UNIVERSITY ACT, 1989 ACT NO. 35 OF 1989 [20th October, 1989.] # An Act to establish and incorporate a teaching and affiliating University in the State of Nagaland and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Nagaland University Act, 1989.** (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, and in all Statutes made thereunder, 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) “distance education system” means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means; (i) “employee” means any person appointed by the University, and includes teachers and other staff of the University; (j) “Executive Council” means the Executive Council of the University; (k) “Hall” means a unit of residence or of corporate life for the students of the University, or of a College or an Institution, maintained by the University; (l) “Institution” means an academic institution, not being a College, maintained by, or admitted to the privileges of the University; (m) “North-Eastern Hill University” means the University established under section 3 of the North-Eastern Hill University Act, 1973 (24 of 1973); (n) “Planning Board” means the Planning Board of the University; (o) “Principal” means the Head of a College or an Institution maintained by the University and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal or the acting Principal, a Vice-Principal duly appointed as such; 1. 6th September, 1994, vide notification No. S.O. 644(E), dated 6th September, 1994, see Gazette of India, 1994, Extraordinary, Part II, sec. 3(ii). 3 ----- (p) “recognised Institution” means an institution of higher learning recognised by the University; (q) “recognised teachers” means such persons as may be recognised by the University for the purpose of imparting instructions in a College or an Institution admitted to the privileges of the University; (r) “Regulations” means the Regulations made by any authority of the University under this Act for the time being in force; (s) “School” means a School of Studies of the University; (t) “Statutes” and “Ordinances” mean, respectively, the Statues and the Ordinances of the University for the time being in force; (u) “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; (v) “University” means the Nagaland University established under this Act. **3. The University.—(1) There shall be established a University by the name of “Nagaland** University”. (2) The headquarters of the University shall be at Lumami and 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, the Academic Council and the Planning Board 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 “Nagaland University”. (4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name. **4. Objects of the University.—The objects of the University shall be to disseminate and advance** knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make provisions for integrated courses in humanities, natural and physical sciences, social sciences, agricultural science and forestry and other allied disciplines in the educational programmes of the University; and to take appropriate measures for promoting innovations in teaching-learning processes, inter-disciplinary studies and research; to educate and train manpower for the development of the State of Nagaland; and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that State, their intellectual, academic and cultural development. **5. Transfer of properties of North-Eastern Hill University.—On and from the commencement of** this Act, all properties of the North-Eastern Hill University in the State of Nagaland shall stand transferred to, and vest in, the University and shall be applied to the objects for which the University is established. **6. Powers of the University.—The University shall have the following powers, namely:—** (i) 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; (ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause; (iii) to organise and to undertake extra-mural studies, training and extension services; 4 ----- (iv) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (v) to provide facilities through the distance education system to such persons as it may determine; (vi) to institute Principalships, Professorships, Readerships, Lecturerships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other teaching or academic positions; (vii) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition; (viii) to recognise persons for imparting instructions in any College or Institution admitted to the privileges of the University; (ix) to appoint persons working in any other University or organisation as teachers of the University for a specified period; (x) to create administrative, ministerial and other posts and to make appointments thereto; (xi) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine; (xii) to establish 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; (xiii) to institute and award fellowships, scholarships, studentships, medals and prizes; (xiv) to establish and maintain Colleges, Institutions and Halls; (xv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary; (xvi) to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff; (xvii) to admit to its privileges colleges and institutions not maintained by the University; to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes; to recognise, guide, supervise, and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition; (xviii) to appoint on contract or otherwise visiting Professors, Emeritus Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University; (xix) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes; (xx) to determine standards of admission to the University, which may include examination, evaluation or any other method of testing; (xxi) to demand and receive payment of fees and other charges; (xxii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare; (xxiii) to lay down conditions of service of all categories of employees, including their code of conduct; 5 ----- (xxiv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary; (xxv) to make arrangements for promoting the health and general welfare of the employees; (xxvi) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University; (xxvii) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University; (xxviii) to do all such other acts and things as may be necessary, incidental or conceive to the attainment of all or any of its objects. **7. Jurisdiction.—(1) The jurisdiction of the University shall extend to the whole of the State of** Nagaland. (2) On and from commencement of this Act, all Colleges, Institutions, Schools and Departments affiliated to, or admitted to the privileges of, or maintained by, the North-Eastern Hill University shall stand affiliated to, or admitted to the privileges of, or maintained by, the University. (3) On and from the date of commencement of this Act, the North-Eastern Hill University shall cease to exercise its jurisdiction in the State of Nagaland. **8. University open to all classes, castes and creed.—The University shall be open to persons of** either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof: Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes. **9. The Visitor.—(1) The President of India shall be the Visitor of the University.** (2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions managed by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Executive Council thereon through the Vice-Chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions. (3) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, 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 of Institutions. (4) The Visitor shall, in every matter referred to in sub-section (2), give notice of his intention to cause an inspection or inquiry to be made,— (a) to the University, if such inspection or inquiry is to be made in respect of the University or any College or Institution maintained by it, or (b) to the management of the College or Institution, if the inspection or inquiry is to be made in respect of the College or Institution admitted to the privileges of the University, 6 ----- and the University or the management, as the case may be, shall have the right to make such representations to the Visitor, as it may consider necessary. (5) After considering the representations, if any, made by the University or the management, as the case may be, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3). (6) Where any inspection or inquiry has been caused to be made by the Visitor, the University or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. (7) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate, to the Executive Council, the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon. (8) The Visitor may, if the inspection or inquiry is made in respect of any College or Institution admitted to the privileges of the University, address the management concerned through Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. (9) The Executive Council or the management, as the case may be, shall communicate, through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. (10) Where, the Executive Council or the management, does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council or the management, issue such directions as he may think fit and the Executive Council or the management, as the case may be, shall comply with such directions. (11) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. (12) The Visitor shall have such other powers as may be prescribed by the Statutes. **10. The Chief Rector.—The Governor of the State of Nagaland shall be the Chief Rector of the** University. **11. 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; (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. 7 ----- **12. 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. **13. 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 may, if he is of opinion that immediate 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, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final. (5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. **14. The Pro-Vice-Chancellor.—The 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. **15. 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. **16. 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 agreement, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes. **17. 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. **18. Other officers.—The manner of appointment and powers and duties of the other officers of the** University shall be prescribed by the Statutes. 8 ----- **19. 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 Planning Board; (5) the Boards of Schools; (6) the Finance Committee; and (7) such other authorities as may be declared by the Statutes to be the authorities of the University. **20. 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. **21. 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. **22. 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 the 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 be prescribed by the Statutes. **23. The Planning Board.—(1) The Planning Board shall be the principal planning body of the** University. (2) The constitution of the Planning Board, term of office of its members and its powers and functions shall be prescribed by the Statutes. **24. The Boards of Schools.—The constitution, powers and functions of the Boards of Schools shall** be prescribed by the Statutes. **25. The Finance Committee.—The constitution, powers and functions of the Finance Committee** shall be prescribed by the Statutes. **26. Other authorities of the University.—The constitution, powers and functions of other** authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes. 9 ----- **27. 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 appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the University and their emoluments; (d) the appointment of teachers, academic staff and other employees of the University and their emoluments; (e) the appointment of teachers, academic staff working in any other University or organisation for a specific period for undertaking a joint project; (f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action; (g) the principles governing the seniority of service of the employees of the University; (h) the procedure for arbitration in cases of dispute between employees or students and the University; (i) the procedure for appeal to the Executive Council by any employee or student against the action of any officer or authority of the University; (j) the conferment of autonomous status on a College or an Institution or a Department; (k) the establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Institutions; (l) the conferment of honorary degrees; (m) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (n) the conditions under which Colleges and Institutions may be admitted to the privileges of the University and the withdrawal of such privileges; (o) the institution of fellowships, scholarships, studentships, medals and prizes; (p) the delegation of powers vested in the authorities or officers of the University; (q) the maintenance of discipline among the employees and students; (r) all other matters which by this Act are to be or may be provided for by the Statutes. **28. Statutes how to be 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 Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council. (3) Every new Statutes or addition to the Statute or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Executive Council for consideration. 10 ----- (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. (6) Notwithstanding anything contained in the foregoing sub-section, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Executive Council is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make or amend the Statutes suitably. **29. Power to make 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 for award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators; (h) the conditions of residence of the students of the University; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them; (j) the 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 Committee; (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; 11 ----- (p) the supervision and management of Colleges and Institutions admitted to the privileges of the University; (q) the setting up of a machinery for redressal of grievances of employees; and (r) 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. **30. Regulations.—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. **31. Annual report.—(1) The annual report of the University shall be prepared under the direction of** the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Court on or after such date as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting. (2) The Court shall submit the annual report to the Visitor along with its comments, if any. (3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament. **32. 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 or by such persons as he may authorise in this behalf. (2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Court and the Visitor along with the observations of the Executive Council. (3) Any observations made by the Visitor on the annual accounts shall be brought 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 annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament. (5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Gazette of India. **33. Transfer of services of certain employees of the North-Eastern Hill University.—(1) Subject** to the provisions of this Act, every person employed immediately before the commencement of this Act by the North-Eastern Hill University in the State of Nagaland shall be given an option, to be exercised in such manner and within such time as may be prescribed by the Statutes, to join the University on the same terms and conditions and to the same rights and privileges as to pension, gratuity, provident fund and other matters, as he would have had under the North-Eastern Hill University Act, 1973 (24 of 1973). (2) The option once exercised by the person under sub-section (1) shall be final. **34. Conditions of service of employees.—(1) Every employee of the University shall be appointed** under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned. 12 ----- (2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor. (3) The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal. (4) Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (2 of 1940). (5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes. **35. 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-sections (2), (3), (4) and (5) of section 34 shall, as far as may be, apply to a reference made under this sub-section. **36. Right to appeal.—Every employee or student of the University or of a College or Institution** maintained by the University or admitted to its privileges shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University or of the Principal or the management of any College or an Institution, as the case may be, and thereupon the Executive Council may confirm, modify or reverse the decision appealed against. **37. Provident and pension funds.—(1) The University shall constitute for the benefit of its** employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes. (2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund, as if it were a Government provident fund. **38. Disputes as to constitution of University authorities and bodies.—If any question arises as to** whether any person has been duly 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. **39. 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 person, if any, as the authority in each case may think fit. **40. 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 may be, by the person or body who appointed or co-opted the member whose place has become vacant and person appointed or co-opted to a causal 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. 13 ----- **41. 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. **42. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against** any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances. **43. 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, resolution or 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. **44. 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 three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. **45. 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 first Planning Board shall consist of not more than ten members, who shall be nominated by the Visitor and they shall hold office for a term of three years; (e) 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; (f) the first Academic Council shall consist of not more than twenty-one members, who shall be nominated by the Visitor and they shall hold office for a term of three years: Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the 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. 14 ----- **46. Completion of courses of studies in Colleges or Institutions affiliated to the** **University.—Notwithstanding anything contained in this Act, or in the Statutes or the Ordinances, any** student of College, Institution, School or Department, who, immediately before the admission of such College, Institution, School or Department, to the privileges of the University, was studying for a degree, diploma or certificate of the North-Eastern Hill University, shall be permitted by the University, to complete his course for that degree, diploma or certificate, as the case may be, and the Nagaland University and such College, Institution, School or Department, shall provide for the instructions and examination of such student in accordance with the syllabus of studies of the North-Eastern Hill University. **47. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid** **before Parliament.—(1) Every Statute, Ordinance or Regulation made under this Act shall be published** in the Official Gazette. (2) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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. (3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or Regulation may be applicable. **48. [Amendment of Act 24 of 1973.]—Rep. by the Repealing and Amending Act, 2001 (30 of 2001),** _s. 2 and the First_ _Sch. (w.e.f. 3-9-2001)._ 15 ----- THE SCHEDULE (See section 28) THE STATUTES OF THE UNIVERSITY _The Chancellor_ 1. (1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Executive Council from amongst persons of eminence in the academic or public life of the country: Provided that if the Visitor does not approve of any of the persons so recommended he may call for fresh recommendations from the Executive Council. (2) The Chancellor shall hold office for a term of five years and shall not be eligible for re-appointment: Provided that notwithstanding the expiry of his term of office, the Chancellor shall continue to hold office until his successor enters upon his office. _The Vice-Chancellor_ 2. (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2): Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for a fresh panel. (2) The Committee referred to in clause (1), shall consist of three persons, none of whom shall be an employee of the University or a member of the Court, the Executive Council or the Academic Council or connected with an institution recognised by or associated with the University and out of the three persons, two shall be nominated by the Executive Council and one by the Visitor and the nominee of the Visitor shall be the convenor of the Committee. (3) The Vice-Chancellor shall be a whole-time salaried officer of the University. (4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: Provided further that the Visitor may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him. (5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:— (i) The Vice-Chancellor shall be paid a monthly salary and allowances other than the house rent allowance, as the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence. (ii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Executive Council with the approval of the Visitor from time to time: Provided that where an employee of the University or a College or an Institution maintained by or affiliated to it, or of any other University or any Institution maintained by or affiliated to such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such 16 ----- person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor: Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme. (iii) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Executive Council. (iv) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the 1st day of January and July every year: Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service. (v) In addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed year of service. This half pay leave may also be availed of as commuted leave on full pay on medical certificate. When commuted leave is availed, twice the amount of half pay leave shall be debited against half pay leave due. (6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the Pro-Vice-Chancellor shall perform the duties of the Vice-Chancellor: Provided that if the Pro-Vice-Chancellor is not available, the senior most Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or the Vice-Chancellor attends to the duties of his office, as the case may be. _Powers and duties of the Vice-Chancellor_ 3. (1) The Vice-Chancellor shall be _ex officio Chairman of the Executive Council, the Academic_ Council, the Planning Board and the Finance Committee and shall, in the absence of the Chancellor, preside at the convocations held for conferring degrees. (2) The Vice-Chancellor shall be entitled to be present at, and address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat unless he is a member of such authority or body. (3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed, and he shall have all the powers necessary to ensure such observance. (4) The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect to the decisions of all the authorities of the University. (5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he may deem fit. (6) The Vice-Chancellor shall have the power to convene or cause to be convened the meeting of the Executive Council, the Academic Council, the Planning Board and the Finance Committee. _Pro-Vice-Chancellor_ 4. (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: 17 ----- Provided further that the Executive Council may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor. (2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Executive Council but it shall not in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor, whichever is earlier: Provided that a Pro-Vice-Chancellor whose term of office has expired shall be eligible for reappointment: Provided further that, in any case, a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years: Provided also that the Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause (6) of Statute 2, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until 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. _Registrar_ 5. (1) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment. (3) 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. (4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence, or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (5) (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the order of the Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment: Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. 18 ----- (b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a). (c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations: Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty. (6) The Registrar shall be ex officio Secretary of the Executive Council, the Academic Council and the Planning Board, but shall not be deemed to be a member of any of these authorities and he shall be _ex officio Member-Secretary of the Court._ (7) It shall be the duty of the Registrar— (a) to be the custodian of the records, the common seal and such other property of the University as the Executive Council shall commit to his charges; (b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Planning Board and of any Committees appointed by those authorities; (c) to keep the minutes of all the meetings of the Court, the Executive Council, the Academic Council, the Planning Board and of any Committees appointed by those authorities; (d) to conduct the official correspondence of the Court, the Executive Council, the Academic Council and the Planning Board; (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 the Statutes, the Ordinances or the Regulations or as may be required from time to time, by the Executive Council or the Vice-Chancellor. _The Finance Officer_ 6. (1) The Finance Officer shall be appointed by the Executive Council on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2) He shall be appointed for a term of five years and shall be eligible for reappointment. (3) 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. (4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. 19 ----- (5) The Finance Officer shall be _ex officio Secretary of the Finance Committee, but shall not be_ deemed to be a Member of such Committee. (6) The Finance Officer shall— (a) exercise general supervision over the funds of the University and shall advice it as regards its financial policy; and (b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by the Statutes or the Ordinances. (7) Subject to the control of the Executive Council, the Finance Officer shall— (a) hold and manage the property and investments of the University including trust and endowed property; (b) ensure that the limits fixed by the Executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted; (c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council; (d) keep a constant watch on the state of the cash and bank balances and on the state of investments; (e) watch the progress of the collection of revenue and advise on the methods of collection employed; (f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Special Centres, Specialised Laboratories, Colleges and Institutions maintained by the University; (g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and (h) call for from any office, Centre, Laboratory, College or Institution maintained by the University any information or returns that he may consider necessary for the performance of his duties. (8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money. _Deans of Schools of Studies_ 7. (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 reappointment: 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 Dean 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 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 and shall have such other functions as may be prescribed by the Ordinances. 20 ----- (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. _Heads of Departments_ 8. (1) Each Department shall have a Head who shall be a Professor and whose duties and functions and terms and conditions of appointments shall be prescribed by the Ordinances: Provided that if there is more than one Professor in any Department, the Head of the Department shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor from among the Professors: Provided further that 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 further that in a Department where there is no Professor, a Reader may be appointed as the Head of the Department by the Executive Council on the recommendation of the Vice-Chancellor: Provided also that if there is no Professor or Reader, in a Department, the Dean of School of Studies concerned shall act as the Head of the Department. (2) It shall be open to a Professor or a Reader to decline the offer of appointment as the Head of the Department. (3) A Professor appointed as the Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment. (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. _Proctors_ 9. (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 reappointment. _Librarian_ 10. (1) The Librarian shall be appointed by the Executive Council on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time officer of the University. (2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Executive Council. _Meetings of the Court_ 11. (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. 21 ----- (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, Pro-Vice-Chancellor or if there is no Pro-Vice-Chancellor, by the Registrar. _Quorum for meetings of the Executive Council_ 12. Five members of the Executive Council shall form a quorum for a meeting of the Executive Council. _Powers and functions of the Executive Council_ 13. (1) The Executive Council shall have the power of 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, the Statutes and the Ordinances, the Executive Council shall, in addition to all other powers vested in it, have the following powers, namely:— (i) to create teaching and 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 the 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, from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time; (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; 22 ----- (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-Chancellor, the Deans, 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 provide for the appointment of Visiting Professors, Emeritus Professors; Consultants and Scholars and determine the terms and conditions of such appointments; (xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the Act, or the Statutes. _Quorum for meetings of the Academic Council_ 14. Nine members of the Academic Council shall form a quorum for a meeting of the Academic Council. _Powers of the Academic Council_ 15. Subject to the Act, the 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 instructions, co-operative teaching among Colleges and Institutions, evaluation or 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 the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance. _The Planning Board_ 16. (1) The Planning Board shall be the principal planning body of the University and shall be responsible for— (a) reviewing the educational programmes offered by the University; (b) organising the structure of education in the University so as to provide opportunities to students to offer different combinations of subjects appropriate for the development of personality and skills for useful work society; (c) creating an atmosphere and environment conducive to value-oriented education; and (d) developing new teaching-learning processes which will combine the lectures, tutorials, seminars, demonstrations, self-studies and collective practical projects. 23 ----- (2) The Planning Board shall have the power to advise on the development of the University and review the progress implementation of programmes so as to ascertain whether they are on the lines recommended by it and shall also have the power to advise the Executive Council and the Academic Council on any matter in connection therewith. (3) The Academic Council and the Executive Council shall be bound to consider the recommendations of the Planning Board and shall implement such of recommendations as are accepted by it. (4) Such of those recommendations of the Planning Board as have not been accepted by the Executive Council or the Academic Council under clause (3) shall be submitted by the Vice-Chancellor along with the recommendations of the Executive Council or the Academic Council, to the Visitor for advice and the advice of the Visitor shall be implemented by the Executive Council or the Academic Council, as the case may be. (5) The Planning Board may constitute such committees as may be necessary for planning and monitoring the programmes of the University. _Schools of Studies and Departments_ 17. (1) The University shall have such Schools of Studies as may be specified by the Ordinances. (2) Every School shall have a School Board and 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 the 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; (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. _Board of Studies_ 18. (1) Each Department shall have a Board of Studies. (2) The constitution of a Board of Studies and the term of office of its members shall be prescribed by the Ordinances. 24 ----- (3) The functions of a Board of Studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances— (a) courses of studies and appointment of examiners for courses, but excluding research degrees; (b) appointment of supervisors of research; and (c) measures for the improvement of the standard of teaching and research: Provided that the above functions of a Board of Studies shall, during the period of three years immediately after the commencement of the Act, be performed by the Department. _Finance Committee_ 19. (1) The Finance Committee shall consist of the following members, namely:— (i) the Vice-Chancellor; (ii) the Pro-Vice-Chancellor; (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 thrice every year to examine the accounts and to scrutinise proposals for expenditure. (6) All proposals relating to creation of posts, and those items which have not been included in the Budget, should be examined by the Finance Committee before they are considered by the Executive Council. (7) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans). _Selection Committees_ 20. (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions maintained by the University. (2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, Pro-Vice-Chancellor, a nominee of the Visitor and the persons specified in the corresponding entry in column 2 of the said Table: 25 ----- 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 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 a Lecturer will be concerned. Registrar, Finance Officer (i) Two members of the Executive Council nominated by it; and (ii) One person not in the service of the University, nominated by the Executive Council. Librarian (i) Two persons not in the service of the University, who have special knowledge of the subject of the Library Science/Library Administration 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. 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 shall preside at the meetings of a Selection Committee: Provided that the meetings of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor’s nominee and the persons nominated by the Executive Council under clause (2): 26 ----- Provided further that the proceedings of the Selection Committee shall not be valid unless,— (a) where the number of Visitor’s nominee and the persons nominated by the Executive Council is four in all, at least three of them attend the meeting; and (b) where the number of Visitor’s nominee and the persons nominated by the Executive Council is three in all, at least two of them attend the meeting. (4) The meeting of a Selection Committee shall be convened by the Vice-Chancellor or in his absence by the 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 sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment. (iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee of a regular Selection Committee, for a temporary or permanent appointment, as the case may be. _Special mode of appointment_ 21. (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 the 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. _Appointment for a fixed tenure_ 22. 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. 27 ----- _Recognised teachers_ 23. (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 the Ordinances made in that behalf. (5) The Academic Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher: Provided that no such resolution shall be passed until notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the Academic 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. _Committees_ 24. (1) 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. (2) Any such Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing. _Terms and conditions of service and code of conduct of the teachers, etc._ 25. (1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. (2) Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances. (3) A copy of every contract referred to in clause (2) shall be deposited with the Registrar. _Terms and conditions of service and code of conduct of other employees_ 26. All the employees of the University, other than the teachers and other academic staff of the University, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. _Seniority list_ 27. (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and in accordance with such other principles as the Executive Council may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1). 28 ----- (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. _Removal of employees of the University_ 28. (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other, employee of the University, the Vice-Chancellor, in the case of the teacher or member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee, may, by order in writing place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made: Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order. (2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Executive Council in respect of teachers and other academic staff, and the appointing authority, in respect of other employees, shall have the power to remove a teacher or a member of the academic staff, or as the case may be, other employee on grounds of misconduct. (3) Save as aforesaid, the Executive Council, or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months’ notice or on payment of three months’ salary in lieu thereof. (4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. (5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made: Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension. (6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,— (a) if he is a permanent employee, only after giving three months’ notice in writing to the Executive Council or the appointing authority, as the case may be, or by paying three month’s salary in lieu thereof; (b) if he is not a permanent employee, only after giving one month’s notice in writing to the Executive Council or, as the case may be, the appointing authority or by paying one month’s salary in lieu thereof: Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Executive Council or the appointing authority, as the case may be. _Honorary degrees_ 29. (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: 29 ----- Provided that in case of emergency, the Executive Council may, on its own motion, make such proposals. (2) The Executive Council may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University. _Withdrawal of degrees, etc._ 30. 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. _Maintenance of discipline among students of the University_ 31. (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 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 or a School of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Department or a School 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, 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, Schools and teaching Departments in the University as may be necessary for the proper conduct of such Colleges, Institutions, 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, 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. (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. _Maintenance of discipline among Students of Colleges, etc._ 32. 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. 30 ----- _Admission of Colleges, etc., to the privileges of the University_ 33. (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 recommendation of the Academic Council made after considering the report of a Committee of Inspection appointed for the purpose by the Academic Council. (iv) Colleges and Institutions desirous of admission to any privileges of the University shall be required to intimate their intention to do so in writing so as to reach the Registrar not later than the 15th August, preceding the year from which permission applied for is to have effect. (v) A College or an Institution shall not, without the previous permission of the Executive Council 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. 31 ----- (4) Every College or Institution admitted to the privilege of the University shall be inspected at least once in every two academic years by a Committee appointed by the Academic Council, and the report of the Committee shall be submitted to the Academic Council, which shall forward the same to the Executive Council with such recommendations as it may deem fit to make. (5) The Executive Council, after considering the report and the recommendations, if any, of the Academic Council, shall forward a copy of the report of the Governing Body of the College or Institution with such remarks, if any, as it may deem fit for suitable action. (6) The Executive Council may, after consulting the Academic Council, withdraw any privileges granted to a College or an Institution, at any time it considers that the College or Institution does not satisfy any, of the conditions on the fulfilment of which the College or Institution was admitted to such privileges: Provided that before any privileges are so withdrawn, the Governing Body of the College or Institution concerned shall be given an opportunity to represent to the Executive Council why such action should not be taken. (7) Subject to the conditions set forth in clause (1), the Ordinances may prescribe— (i) such other conditions as may be considered necessary; (ii) the procedure for the admission of Colleges and Institutions to the privileges of the University and for the withdrawal of those privileges. _Convocations_ 34. 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. _Acting Chairman of meetings_ 35. Where no provision is made for a President of 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. _Resignation_ 36. 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. _Disqualifications_ 37. (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University,— (i) if he is of unsound mind; (ii) if he is an undischarged insolvent; (iii) if he has been convicted by a court of law of an offence involving 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 to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision. 32 ----- _Residence condition for membership and office_ 38. Notwithstanding anything contained in the Statutes, a 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. _Membership of authorities by virtue of membership of other bodies_ 39. Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be. _Alumni Association_ 40. (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 degree holder 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. _Students’ Council_ 41. (1) There shall be constituted in the University, a Students’ Council for every academic year, consisting of: (i) the Dean of Students’ Welfare who shall be the Chairman of the Students’ Council; (ii) all students who have won prizes in the previous academic year in the fields of studies, fine arts, sports and extension work; (iii) twenty students to be nominated by the Academic Council on the basis of merit in studies, sports, activities and all-round development of personality: Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students’ Council if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration. (2) The functions of the Students’ Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students’ welfare and other matters or importance in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion. (3) The Students’ Council shall meet at least once in an academic year preferably in the beginning of that year. _Ordinances how made_ 42. (1) The first Ordinances made under sub-section (2) of section 29 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 29, 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. 33 ----- (3) The Executive Council shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for re-consideration, either in whole or in part, together with any amendment which the Executive Council may suggest. (4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final. (5) Every Ordinance made by the Executive Council shall come into effect immediately. (6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two weeks from the date of its adoption. 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. _Regulations_ 43. (1) The authorities of the University may make Regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely:— (i) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (ii) providing for all matters which are required by the Act, the Statutes or the Ordinances to be prescribed by Regulations; (iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the Act, the Statutes or the Ordinances. (2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Executive Council may direct the amendment in such manner as it may specify, of any Regulation made under the Statutes or the annulment of any such Regulation. _Delegation of Powers_ 44. Subject to the provisions of the Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. 34 -----

25-Oct-1989

39

The Small Industries Development Bank of India Act, 1989

https://www.indiacode.nic.in/bitstream/123456789/1943/1/198939.pdf

central

# THE SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA ACT, 1989 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ESTABLISHMENT OF THE SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA AND CAPITAL THEREOF 3. Establishment and incorporation of Small Industries Development Bank of India. 4. Authorised capital. 4A. Conversion of equity shares into redeemable preference shares. 4B. Transfer of capital. 4C. Issued capital. 4D. Reduction of share capital. 4E. Restriction on exercising of voting right. 5. Management. 6. Constitution of Board. 7. [Omitted.] 8. Disqualification of directors. 9. Vacation and resignation of office by directors. 10. [Omitted.] 11. [Omitted.] 12. Executive Committee and other committees. 12A. Fees and allowances of directors and members of committees. CHAPTER IV BUSINESS OF THE SMALL INDUSTRIES BANK 13. Business of Small Industries Bank. 14. Loans by Central Government. 15. Borrowings and acceptance of deposits by the Small Industries Bank. 16. Investment. 17. Power to transfer rights. 18. Power to acquire rights. 19. Loan in foreign currency. 20. Grants, donations, etc., to the Small Industries Bank. CHAPTER IVA SHARES 20A. Free transferability of shares. 20B. Register of shareholders. 20C. Trust not to be entered on the register of shareholders. 20D. Board’s right to refuse registration of transfer of shares. 1 ----- SECTIONS 20E. Shares to be securities under the Indian Trusts Act, 1882. CHAPTER IVB MEETINGS AND PROCEEDINGS 20F. Annual general meeting. 20G. Matters to be discussed and procedure in annual general meeting. CHAPTER V SMALL INDUTRIES DEVELOPMENT ASSISTANCE FUND 21. Small Industries Development Assistance Fund. 22. Credits to Small Industries Development Assistance Fund. 23. Utilisation of Small Industries Development Assistance Fund. 24. Debits to Small Industries Development Assistance Fund. 25. Accounts and audit of Small Industries Development Assistance Fund. 26. Liquidation of Small Industries Development Assistance Fund. CHAPTER VI SMALL INDUSTRIES GENERAL, FUND, ACCOUNTS AND AUDIT 27. Small Industries General Fund. 28. Preparation of accounts and balance-sheet. 29. Disposal of profits accruing to Small Industries General Fund. 30. Audit. 31. Saving. CHAPTER VII TRANSFER OF PART OF BUSINESS OF DEVELOPMENT BANK 32. Transfer of part of business of Development Bank. CHAPTER VIII MISCELLANEOUS 33. Staff of Small Industries Bank. 34. Delegation of powers. 35. Returns. 36. Obligations as to fidelity and secrecy. 37. Defects in appointment not to invalidate acts, etc. 37A. Amounts and securities to be held in trust. 38. Rights of Small Industries Bank in case of default. 39. Power to seek assistance of Chief Metropolitan Magistrate or District Magistrate. 40. Power to call for repayment before agreed period. 41. Special provisions for enforcement of claims by Small Industries Bank. 42. Small Industries Bank to have access to records. 43. Validity of loan or advance not to be questioned. 44. Indemnity of Directors. 45. Protection of action taken under this Act. 2 ----- SECTIONS 46. Nomination by depositors or holders of bonds or other securities. 47. Arrangement with Small Industries Bank on appointment of directors to prevail. 48. Act 18 of 1891 to apply in relation to Small Industries Bank. 49. Act 10 of 1949 not to apply to Small Industries Bank. 50. [Omitted.] 51. Liquidation of Small Industries Bank. 51A. Power to make rules by Central Government. 52. Power to make regulations. 53. [Repealed]. 54. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE. [REPEALED.] 3 ----- # THE SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA ACT, 1989 ACT NO. 39 OF 1989 [25th October, 1989.] # An Act to establish the Small Industries Development Bank of India as the principal financial institution for the promotion, financing and development of industry in the small-scale sector and to co-ordinate the functions of the institutions engaged in the promotion, financing or developing industry in the small-scale sector and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fortieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title, extent and commencement.—(1) This Act may be called the Small Industries** Development Bank of India Act, 1989. (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, appoint and different dates may be appointed for different provisions of this Act. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Board” means the Board of directors of the Small Industries Development Bank of India referred to in section 5; 2[(b) “chairman and managing director” means the chairman and managing director referred to in clause (a) of sub-section (1) of section 6;] (c) “Court” means the High Court within the local limits of whose jurisdiction,— (i) the defendant or respondent or, where there is more than one defendant or respondent, any one of them— (1) has his registered office, or (2) carries on the whole or part of his business, at the time of commencement of any legal proceedings against him under this Act, or (ii) the cause of action for such legal proceedings, wholly or in part, arises; (d) “Development Bank” means the Industrial Development Bank of India established under section 3 of the Industrial Development Bank of India Act,1964 (18 of 1964); (e) “Director” means a Director nominated under sub-section (1) of section 6 and includes the [3][chairman and managing director and whole-time director]; (f) “export” means export from India of products or services of any industrial concern in small-scale sector; 4[(fa) “General Insurance Corporation” means the General Insurance Corporation of India formed under section 9 of the General Insurance Business (Nationalisation) Act, 1972 (57 of 1972);] 1.7th March, 1990, _vide notification No. S.O. 197(E), dated 7th March, 1990, see_ Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. Subs by Act 7 of 2000, s. 2, for clause (b) (w.e.f. 27-3-2000). 3. Subs, by s. 2, ibid., for “Managing Director” (w.e.f. 27-3-2000). 4. Ins. by s. 2, ibid. (w.e.f. 27-3-2000). 4 ----- (g) “import” means import into India of services or goods including all materials, commodities and articles in a solid, liquid or gaseous state and all forms of energy for the use of any industrial concern in the small-scale sector; [1][(h) “industrial concern in the small scale sector” means any concern engaged or to be engaged in,— (i) the manufacture, preservation or processing of goods; (ii) shipping; (iii) mining including development of mines; (iv) the hotel industry; (v) the transport of passengers or goods by road or by water or by air or by ropeway or by lift; (vi) the generation, storage or distribution of electricity or any other form of energy; (vii) the maintenance, repair, testing or servicing of machinery or equipment of any description or vehicles or vessels or motor boats or trailers or tractors; (viii) assembling, repairing or packing any article with the aid of machinery or power; (ix) the setting up of, or development of, an industrial area or an industrial estate; (x) fishing or providing shore facilities for fishing or maintenance thereof; (xi) providing special or technical knowledge or other services for the promotion of industrial growth; (xii) providing engineering, technical, financial, management, marketing or other services or facilities for industry; (xiii) service industry such as altering, ornamenting, polishing, finishing, oiling, washing, cleaning or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal; (xiv) providing medical, health or other allied services; (xv) providing services relating to information technology, telecommunication or electronics; (xvi) leasing, sub-leasing or giving on hire-purchase of industrial plants, equipments, machinery or other assets including vehicles, ships and aircraft; (xvii) such other activity as the Central Government may, having regard to the objects of this Act, by notification, specify in this behalf; or (xviii) the research and development of any concept, technology, design, process or product whether in relation to any of the matters aforesaid, including any activities specified under sub-clause (xvii), or any other matter and which is regarded as a small-scale undertaking under section 11B of the Industries (Development and Regulation) Act, 1951(65 of 1951); _Explanation.—The expression “processing of goods” includes any art or process for producing,_ preparing or making an article by subjecting any material to a manual, mechanical, chemical, electrical or any other like operation.] 2[(ha) “Life Insurance Corporation” means the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956);] 3* - - - 1. Subs. by Act 53 of 2003, s. 2, and The Schedule (w.e.f. 2-7-2004). 2. Ins. by Act 7 of 2000, s. 2 (w.e.f. 27-3-2000). 3. Clause (i) omitted by s. 2, ibid. (w.e.f. 27-3-2000). 5 ----- (j) “National Small Industries Corporation” means the National Small Industries Corporation Limited registered under the Companies Act, 1956 (1 of 1956); (k) “notification” means a notification published in the Official Gazette; (l) “prescribed” means prescribed by regulations made under this Act; 1[(la) “public sector bank” means the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);] 2(lb) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934); (lc) “scheduled bank” means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934);] (m) “Small Industries Bank” means the Small Industries Development Bank of India established under sub-section (1) of section 3; (n) “State Small Industries Corporation” means a State Corporation, registered under the Companies Act, 1956 (1 of 1956), for small industries in a State; (o) “State Financial Corporation” means a 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); (p) “State Industrial Development Corporation” means a State Corporation registered under the Companies Act, 1956 (1 of 1956) for the development of industries in a State; 3* - - - CHAPTER II ESTABLISHMENT OF THE SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA AND CAPITAL THEREOF **3. Establishment and incorporation of Small Industries Development Bank of India.—(1) With** effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a corporation to be known as the Small Industries Development Bank of India. (2) The Small Industries Bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name, sue or be sued. (3) The head office of the Small Industries Bank shall be at Lucknow or at such other place as the Central Government may, by notification, specify. (4) The Small Industries Bank shall establish offices, branches or agencies at any place in or outside India. 4[4. Authorised capital.—The authorised capital of the Small Industries Bank shall be one thousand crores of rupees divided into seventy-five crores fully paid-up equity shares of rupees ten each and twenty-five crores of fully paid-up redeemable preference shares of rupees ten each: Provided that the Central Government may, on the recommendation of the Board, by notification, increase the authorised capital to an amount not exceeding two thousand crores of rupees consisting of such number of equity shares and redeemable preference shares as it may deem fit. 1. Ins. by Act 7 of 2000, s. 2 (w.e.f. 27-3-2000). 2. Ins. by Act 53 of 2003, s. 12 and The Schedule (w.e.f. 2-7-2004). 3. Clause (q) omitted by s. 12 and The Schedule, ibid. (2-7-2004). 4. Subs. by Act 7 of 2000, s. 3, for sections 4 to 6 (w.e.f. 27-3-2000). 6 ----- **4A. Conversion of equity shares into redeemable preference shares.—(1) The Central** Government may, at any time after the commencement of the Small Industries Development Bank of India (Amendment) Act, 2000, by notification, convert such number of equity shares held by the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government, not exceeding twentyfive crores, as it may decide, into redeemable preference shares: Provided that such conversion shall in no case reduce the equity shares held in aggregate by the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government to less than fifty-one per cent. (2) The redeemable preference shares referred to in sub-section (1) shall— (a) carry such fixed rate of dividend as the Central Government may specify at the time of such conversion, and (b) neither be transferable nor carry any voting rights. (3) The redeemable preference shares referred to in sub-section (1) shall be redeemed by the Small Industries Bank within three years from the date of such conversion in such instalments and in such manner as the Board may determine. **4B. Transfer of capital.—On such date as the Central Government may, in consultation with the** Development Bank, by notification, specify (hereinafter referred to as “the specified date”), not less than fifty-one per cent. of the issued capital of the Small Industries Bank which has been subscribed by the Development Bank as on the date immediately preceding the specified date shall, stand transferred to, and vested in, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government in such proportion, manner and on such terms and conditions as may be determined by that Government. **4C. Issued capital.—(1) The issued capital, of the Small Industries Bank, of four hundred and fifty** crores of rupees, immediately before the commencement of the Small Industries Development Bank of India (Amendment) Act, 2000, shall, on such commencement, stand divided into forty-five crores equity shares of rupees ten each. (2) The Board may, from time to time, increase the issued equity share capital or redeemable preference share capital of the Small Industries Bank by allotment of shares to such persons and on such terms and conditions as the Board may determine: Provided that no increase in the issued equity capital shall be made in such a manner that the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government, hold in aggregate at any time, less than fifty-one per cent. of the issued equity share capital of the Small Industries Bank. **4D. Reduction of share capital.—(1) The Small Industries Bank may, with the prior approval of the** Central Government, by a resolution passed in a general meeting of the shareholders, reduce its share capital in any way. (2) Without prejudice to the generality of the foregoing power, the share capital may be reduced by— (a) extinguishing or reducing the liability on any of its equity shares in respect of the share capital not paid-up; (b) either with or without extinguishing or reducing liability on any of its equity shares, cancelling any paid-up share capital which is lost, or is unrepresented by available assets; or (c) either with or without extinguishing or reducing liability on any of its equity shares, paying off any paid-up share capital which is in excess of the wants of the Small Industries Bank. (3) In any general meeting referred to in sub-section (1), the resolution for reduction of share capital shall be passed by shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, 7 ----- 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 shareholders so entitled and voting. **4E. Restriction on exercising of voting right.—Every shareholder of the Small Industries Bank** holding equity shares shall have a right to vote in respect of such shares on every resolution and his voting right on a poll shall be in proportion to his share of the paid-up equity share capital of the Small Industries Bank: Provided, however, that no shareholder, other than the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government, shall be entitled to exercise voting rights in respect of any equity shares held by him in excess of ten per cent. of the issued equity share capital. **5. Management.—(1) The general superintendence, direction and management of affairs and** business of the Small Industries Bank shall vest in a Board of Directors which may exercise all powers and do all such acts and things as may be exercised or done by the Small Industries Bank and are not by this Act expressly directed or required to be done by the Small Industries Bank in general meeting. (2) The Board may direct that any power exercisable by it under this Act shall also be exercisable in such cases and subject to such conditions, if any, as may be specified by it, by the chairman and managing director or the whole-time directors. # (3) Subject to the provisions of this Act, the Board in discharging its functions shall act on business principles with due regard to public interest. **6. Constitution of Board.—(1) The Board shall consist of the following, namely:—** (a) a chairman and managing director appointed by the Central Government; (b) two whole-time directors appointed by the Central Government; (c) two directors who shall be officials of the Central Government nominated by the Central Government; (d) three directors to be nominated in the prescribed manner by the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government; (e) three directors, including one Director from the officials of the State Financial Corporations, nominated by the Central Government from amongst the persons having special knowledge of, or professional experience in, science, technology, economics, industry, banking, industrial cooperatives, law, industrial finance, investment, accountancy, marketing or any other matter, the special knowledge of, or professional experience in, which would, in the opinion of the Central Government, be useful to the Small Industries Bank; (f) such number of directors not exceeding four elected in the prescribed manner, by shareholders, other than the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government, whose names are entered in the register of shareholders of the Small Industries Bank ninety days before the date of the meeting in which such election takes place on the following basis, namely:— (i) where the total amount of equity share capital issued to such shareholders is ten per cent. or less of the total issued equity share capital, two directors; (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 share capital, three directors; and (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 share capital, four directors: 8 ----- Provided that if the percentage of holding of issued equity share capital with the shareholders, other than the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government, does not permit election of four directors or until the assumption of charge by the elected directors, the Board may at any time co-opt such number of directors, not exceeding four, from amongst the persons having special knowledge of, or professional experience in, science, technology, economics, industry, banking, industrial co-operatives, law, industrial finance, investment, accountancy, marketing or any other matter, the special knowledge of, or professional experience in, which would, in the opinion of the Board, be useful to the Small Industries Bank for carrying out its functions, who shall hold office until the assumption of charge by the elected directors and an equal number of such co-opted directors shall retire in the order of co-option. (2) The chairman and managing director and the whole-time directors shall hold office for such term not exceeding five years as the Central Government may specify in this behalf and any person so appointed shall be eligible for re-appointment. (3) Notwithstanding anything contained in sub-section (1), the Central Government shall have the right to terminate the term of office of the chairman and managing director or the whole-time director, as the case may be, at any time before the expiry of the term specified under sub-section (2) by giving him notice of not less than three months in writing or three months’ salary and allowances in lieu of such notice and the chairman and managing director or the whole-time director, as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term specified under sub-section (2) by giving, the Central Government, notice of not less than three months in writing. (4) The chairman and managing director and the whole-time directors shall receive such salary and allowances, as may be determined by the Central Government. (5) The Central Government may, at any time, remove the chairman and managing director or the whole-time director, as the case may be, from office: Provided 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. (6) Every Director nominated under clauses (c), (d) and (e) of sub-section (1), shall hold office during the pleasure of the authority nominating him. (7) Subject to the provisions of sub-section (6),— (a) every Director nominated under clauses (d) and (e) of sub-section (1) shall hold office for such term not exceeding three years as the Central Government, or the authority nominating him, as the case may be, may specify in this behalf and thereafter until his successor assumes office, and shall be eligible for re-nomination: Provided that no such Director shall hold office continuously for a period exceeding six years; and (b) every Director elected under clause (f) of sub-section (1) shall hold office for three years and thereafter until his successor assumes office and shall be eligible for re-election: Provided that no such director shall hold office continuously for a period exceeding six years. (8) The shareholders, other than the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government may, after giving the director a reasonable opportunity of being heard in the manner as may be prescribed, by resolution passed by majority of the votes of such shareholders holding in the aggregate not less than one-half of the equity share capital held by such shareholders, remove any director elected under clause (f) of sub-section (1) and elect another director in his place to fill the vacancy so caused. (9) (i) A meeting of the Board shall be held at least once in every three months and at least four meetings shall be held every year and the meetings may be held at such places as may be prescribed. 9 ----- (ii) Notice of every meeting of the Board shall be given in writing to every Director for the time being in India, and at his usual address in India to every other Director. (10) Subject to the provisions contained in this Chapter, the Board may meet at such times and places and shall observe such rules of procedure in regard to transaction of its business including the manner of adoption of resolutions as may be prescribed. (11) The chairman and managing director, if for any reason, is unable to attend a meeting of the Board, any other Director nominated by the chairman and managing director in this behalf and in the absence of such nomination, any director elected by the directors present from among themselves, shall preside at the meeting. (12) All questions which come up before any meeting of the Board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman and managing director, or in his absence, the person presiding, shall have a second or casting vote. (13) Save as provided in sub-section (12), every Director of the Board shall have one vote.] **7. [Managing Director.]—Omitted by the Small Industries Development Bank of India (Amendment)** _Act, 2000 (7 of 2000) s. 4 (w.e.f. 27-3-2000)._ 1[8. Disqualifications of directors.—A person shall not be eligible for being elected as a director under clause (f) of sub-section (1) of section 6, if he— (a) has been found to be of unsound mind by a court of competent jurisdiction and the finding is in force; (b) is an undischarged insolvent; (c) has applied to be adjudicated as an insolvent and his application is pending; (d) has been convicted by a court of competent jurisdiction, of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence; or (e) has not paid any call in respect of shares of the Small Industries Bank held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call. **9. Vacation and resignation of office by directors.—(1) The office of a director shall become** vacant if he— (a) becomes subject to any of the disqualifications mentioned in section 8; or (b) resigns his office by giving notice in writing under his hand and the resignation is accepted; or (c) absents himself from three consecutive meetings of the Board without obtaining leave of absence from the Board. (2) Notwithstanding anything contained in clause (a) of sub-section (1), the disqualifications referred to in that clause shall not take effect— (a) for thirty days from the date of the adjudication, sentence or order; (b) where any appeal or petition is preferred within thirty days aforesaid against the adjudication, sentence or conviction resulting in the sentence or order until the expiry of seven days from the date on which such appeal or petition is disposed of; or (c) where within the seven days aforesaid, any further appeal or petition is preferred in respect of the adjudication, sentence, conviction or order and the appeal or petition, if allowed, would result in the removal of the disqualification, until such further appeal or petition is disposed of.] **10.** **[Causal Vacancies in office of Managing Director.]—Omitted by the Small Industries** _Development Bank of India (Amendment) Act, 2000 (7of 2000) s. 6 (w.e.f. 27-3-2000)._ **11. [Meetings of the Board.]—Omitted by** _s. 6, ibid. (w.e.f. 27-3-2000)._ 1. Subs. by Act 7 of 2000, s. 5, for sections 8 and 9 (w.e.f. 27-3-2000). 10 ----- 1[12. Executive Committee and other committees.—(1) The Board shall constitute an Executive Committee consisting of the chairman and managing director, the whole-time directors and such other directors as it may deem fit. (2) The Executive Committee shall discharge such functions as may be prescribed or as may, without prejudice to the provisions contained in section 34, be delegated to it by the Board. (3) The Board may constitute such other committees whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons for such purpose or purposes as it may think fit. (4) The Executive Committee or any other committee constituted under this section 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. **12A. Fees and allowances of directors and members of committees.—The** directors and the members of a committee shall be paid such fees and allowances as may be prescribed for attending the meetings of the Board or of any committee constituted in pursuance of this Act and for attending to any other work of the Small Industries Bank: Provided that no fees shall be payable to the chairman and managing director or to the whole-time directors or to any other director who is an official of the Government.] CHAPTER IV BUSINESS OF THE SMALL INDUSTRIES BANK **13. Business of Small Industries Bank.—(1) The Small Industries Bank shall function as the** principal financial institution for the promotion, financing and development of industrial concerns in the small-scale sector and shall also coordinate the functions of institutions engaged in promoting, financing and developing the industrial concerns in the small-scale sector and may carry on and transact any of the following business, namely:— 2[(i) granting loans and advances to any State Financial Corporation, State Industrial Development Corporation, State Small Industries Corporation, scheduled bank, State Cooperative Bank or such other financial institutions, approved by the Board in this behalf, by way of refinance on such terms and conditions as it may deem fit to impose, of any loans or advances granted to industrial concerns in the small-scale sector by such corporation, bank, or institution or, of any loans or advances granted by the State Financial Corporation or State Industrial Development Corporation to any other industrial concern, which are repayable within a period not exceeding twenty-five years;] (ii) accepting, discounting or rediscounting bills of exchange and promissory notes made, drawn, accepted or endorsed by industrial concerns in the small-scale sector or by any person selling products manufactured by an industrial concern in the small-scale sector; (iii) subscribing to, or purchasing stocks, shares bonds or debentures of, any State Financial Corporation, State Industrial Development Corporation, State Small Industries Corporation, National Small Industries Corporation or [3][such other financial institutions as may be approved by the Board in this behalf]; (iv) granting lines of credit or loans and advances to any State Financial Corporation, State Industrial Development Corporation, State Small Industries Corporation, National Small Industries Corporation or [3][such other financial institutions as may be approved by the Board in this behalf]; 1. Subs. by Act 7 of 2000, s. 7, for section 12 (w.e.f. 27-3-2000). 2. Subs. by s. 8, ibid., for clause (i) (w.e.f. 27-3-2000). 3. Subs. by s. 8, _ibid., for “such other financial institutions, as the Central Government may, on the recommendation of the_ Development Bank, specify” (w.e.f. 27-3-2000). 11 ----- (v) granting loans and advances to any industrial concern in the small-scale sector or subscribing to, or purchasing, or under-writing the issue of stocks, shares, bonds or debentures of, any such concern: Provided that nothing contained in this clause shall be deemed to preclude the Small Industries Bank from granting loans or advances to, or subscribing to the debentures of, an industrial concern in the small-scale sector, the amounts outstanding thereon may be convertible at the option of the Small Industries Bank into stocks or shares of that concern within the period of loan, advance or debenture is repayable. _Explanation.—In this clause, the expression “the 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 stocks or shares; (vi) granting loans and advances— (a) to any person exporting; or (b) to any person outside India, in connection with the export; or (c) for the execution of turn-key projects outside India by any industrial concern in the small scale sector; (vii) granting loans and advances to a scheduled bank or any other bank or such financial institutions [1][approved by the Board in this behalf], by way of refinance of loans and advances granted by it for purposes of export; (viii) accepting, collecting, discounting, rediscounting, purchasing, selling or negotiating in or outside India, bills of exchange or promissory notes arising out of transactions, relating to export or import and granting of loans and advances in or outside India against such bills or promissory notes; (ix) granting, opening, issuing, confirming or endorsing letters of credit and negotiating or collecting bills or other documents drawn thereunder; (x) granting lines of credit to the Government of any foreign State or any financial institution or person outside India for the purpose of export or import; (xi) financing export from or import into India of machinery, equipment or other assets including vehicles, ships and aircrafts on lease, sub-lease or hire purchase basis by or for any industrial concern in small-scale sector; (xii) buying or selling of, or entering into such other dealings in, foreign exchange, as may be necessary for the discharge of the functions of the Small Industries Bank; (xiii) opening of any account in any bank in or outside India or making of any agency arrangements with, or acting as an agent or correspondent of, any bank or other institution in or outside India; (xiv) transferring for consideration any instrument relating to loans and advances granted by it to any industrial concern in the small-scale sector; (xv) granting loans and advances to any person for purposes of investment in any industrial concern in the small-scale sector; (xvi) guaranteeing loans raised from, or credit arrangements made with, any bank, financial institution or other lending agency in any country outside India in foreign currency, with the approval of the Central Government, by industrial concern in the small-scale sector; (xvii) guaranteeing deferred payments due from any industrial concern in the small-scale sector; 1. Subs. by Act 7 of 2000, s. 8, for “as the Central Government may, on the recommendation of the Development Bank, specify” (w.e.f. 27-3-2000). 12 ----- (xviii) guaranteeing— (a) loans raised by industrial concerns in the small-scale sector which are floated in the public market, or (b) loans raised by any industrial concern in the small-scale sector from any scheduled bank or State Co-operative Bank or State Financial Corporation or State Industrial Corporation or such other financial institutions [1][as approved by the Board in this behalf]; (xix) guaranteeing the obligations of any scheduled bank or State Co-operative Bank or State Financial Corporation or State Industrial Development Corporation or State Small Industries Corporation or such other financial institutions [1][as approved by the Board in this behalf], arising out of, or in connection with, underwriting the issue of stocks, shares, bonds or debentures of any industrial concern in the small-scale sector; (xx) providing factoring services to any industrial concern in the small-scale sector; (xxi) providing technical and financial consultancy, merchant banking and extension services; (xxii) undertaking activities for promotion of industry in the small-scale sector including entrepreneural development programmes, raw material purchase, marketing support and promotion of, or financial support to, agencies engaged in such activities; (xxiii) acquiring, with the approval of [2][the Central Government], the undertaking including the business, assets and liabilities of any institution the principal object of which is the promotion or development of industry in the small-scale sector in India, or the grant of financial assistance for such promotion or development; (xxiv) leasing, sub-leasing or giving on hire or hire-purchase any movable or immovable assets to any industrial concern in the small-scale sector; (xxv) undertaking research and surveys for evaluating or dealing with marketing or investments and undertaking and carrying on techno-economic studies in connection with the development of industry in the small-scale sector; (xxvi) providing technical, legal, marketing and administrative assistance to any industrial concern in the small-scale sector or any person for promotion, management or expansion of any industrial concern in the small-scale sector; (xxvii) planning, promoting and developing industries in the small-scale sector; (xxviii) promoting, forming or conducting or associating in the promotion, formation or conduct of companies, subsidiaries, societies, trusts or such other association of persons as it may deem fit; (xxix) acting as agent of— (a) the Central Government or of the Reserve Bank or of the Development Bank, or (b) such other Government or person as [3][the Board] may authorise; (xxx) doing any other kind of business which the Central Government may, on the recommendation of [3][the Board], authorise; (xxxi) generally doing such other acts and things as may be incidental to, or consequential upon, the exercise of its powers or the discharge of its duties under this Act or any other law for the time being in force including sale or transfer of any of its assets. (2) The Small Industries Bank may receive in consideration of any of the services mentioned in sub-section (1) such commission, brokerage, interest, remuneration or fees as may be agreed upon. 1. Subs. by Act 7 of 2000, s. 8, for “as the Central Government may, on the recommendation of the Development Bank, specify” (w.e.f. 27-3-2000). 2. Subs. by s. 8, ibid., for “the Central Government on the recommendation of the Development Bank” (w.e.f. 27-3-2000). 3. Subs. by s. 8, ibid., for “the Development Bank” (w.e.f. 27-3-2000). 13 ----- (3) The Small Industries Bank shall not grant any loan or advance or other financial accommodation on the security of its own bonds or debentures. **14. Loans by Central Government.—The Central Government may, after the due appropriation** made by Parliament by law in this behalf, advance to the Small Industries Bank— (a) an interest free loan of such amount and repayable in such instalments and in such other manner as may be determined by the Central Government; and (b) such further sums of money by way of loan on such terms and conditions as may be agreed upon: Provided that the Central Government may, on a request being made to it by the Small Industries Bank, increase the number of instalments or alter the amount of any instalment or vary the date on which any instalment is payable under clause (a). **15. Borrowings and acceptance of deposits by the Small Industries Bank.—(1) The Small** Industries Bank may, for the purpose of carrying out its functions under this Act,— (a) issue and sell bonds and debentures with or without the guarantee of the Central Government; (b) borrow money from the Reserve Bank— (i) repayable on demand or on the expiry of the fixed periods not exceeding ninety days from the date on which the money is so borrowed against the security of stocks, funds and securities (other than immovable property) in which a trustee is authorised to invest trust money by any law for the time being in force in India; (ii) against bills of exchange or promissory notes arising out of bona fide commercial or trade transactions, bearing two or more good signatures and maturing within five years from the date of the borrowing; (iii) out of the National Industrial Credit (Long Term Operations) Fund established under section 46C of the Reserve Bank of India Act, 1934 (2 of 1934), for any of the purposes specified in that section; (c) borrow money from the Development Bank or such other authority, organisation or institution as may be generally or specially [1][approved by the Board]; (d) accept deposits repayable after the expiry of such period and on such terms as may be generally or specially [1][approved by the Board]. (2) The Central Government may, on a request being made to it by the Small Industries Bank, guarantee the bonds and debentures issued by that Bank as to the repayment of principal and the payment of interest at such rate as may be fixed by that Government. 2[16. Investment.—The Small Industries Bank may invest (whether by way of deposits in banks or otherwise) the amounts available in the Small Industries Development Assistance Fund or the Small Industries General Fund or any other fund or account which are not for the time being required for the transaction of business in such manner as may be approved by the Board.] **17. Power to transfer rights.—The rights and interests of the Small Industries Bank (including any** other rights incidental thereto) in relation to any loan or advance granted, or any amount recoverable, by it may be transferred by the Small Industries Bank, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement, or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred, and the Small Industries Bank may, notwithstanding such transfer, act as the trustee for the transferee. **18. Power to acquire rights.—The Small Industries Bank shall have the right to acquire, by transfer** on assignment the rights and interests of any public financial institution as defined in section 4A of the 1. Subs. by Act 7 of 2000, s. 9, for “approved by the Development Bank” (w.e.f. 27-3-2000). 2. Subs. by s. 10, ibid., for section 16 (w.e.f. 27-3-2000). 14 ----- Companies Act, 1956 (1 of 1956) (including any other rights incidental thereto) in relation to any loan or advance granted, or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument or in any other manner. **19. Loans in foreign currency.—(1) Notwithstanding anything contained in the Foreign Exchange** Regulation Act, 1973 (46 of 1973), or in any other enactment for the time being in force relating to foreign exchange, the Small Industries Bank may, for the purposes of granting loans and advances under this Act, borrow, with the previous consent of the Central Government [1]***, foreign currency from any bank or financial institution in any foreign country or otherwise. (2) The Central Government may, where necessary, guarantee any loan taken by the Small Industries Bank under sub-section (1) or any part thereof as to the repayment of principal and the payment of interest and other incidental charges. (3) All loans and advances granted by the Small Industries Bank out of foreign currency borrowed under sub-section (1) shall be expressed in terms of foreign currency as equivalent of Indian currency calculated in accordance with the rate of exchange prevailing at the time of grant thereof, and the amount due thereunder shall be repayable in equivalent Indian currency, calculated in accordance with the rate of exchange prevailing at the time of repayment of such loan or advance. (4) Unless otherwise provided by the Central Government, any loss or profit in connection with any borrowing of foreign currency under sub-section (1) for the purpose of granting loans and advances under this Act, or with its repayment to the concerned foreign lending agency, on account of any fluctuations in the exchange accruing— (a) during the period within which the loan or advance is repayable by the industrial concern in the small-scale sector or the period of actual repayment thereof by the concern, whichever is longer, shall be reimbursed by, or paid to, as the case may be, the recipient of such loans and advances; (b) after the expiry of the period specified in clause (a),— (i) shall be borne by the Small Industries Bank in respect of normal market fluctuations in the rate of foreign exchange; (ii) shall be reimbursed by, or paid to, as the case may be, the Central Government in respect of fluctuations other than the normal market fluctuations in foreign exchange. _Explanation.—If any question arises as to whether any fluctuation as aforesaid is a normal market_ fluctuation or not, the same shall be decided by the Central Government whose decision thereon shall be final. **20. Grants, donations, etc., to the Small Industries Bank.—The Small Industries Bank may** receive gifts, grants, donations, benefactions or other monies from Government or any other source. 2[CHAPTER IVA SHARES **20A. Free transferability of shares.—(1) Save as otherwise provided in sub-section (2), the equity** shares of the Small Industries Bank shall be freely transferable. (2) Nothing contained in sub-section (1) shall entitle the Development Bank, the public sector banks, the General Insurance Corporation, the Life Insurance Corporation and other institutions owned or controlled by the Central Government to transfer any shares held by them in the Small Industries Bank if such transfer will result in reducing the equity shares held in aggregate by them to less than fifty-one per cent. of the issued equity share capital of the Small Industries Bank. 1. The words “and the Development Bank” omitted by Act 7 of 2000, s. 11 (w.e.f. 27-3-2000). 2. Ins. by s. 12, ibid. (w.e.f. 27-3-2000). 15 ----- **20B. Register of shareholders.—(1) The Small Industries Bank shall keep at its head office a** register, in one or more books, of the shareholders and shall enter therein the following particulars so far as they may be available, namely:— (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: Provided that nothing in this sub-section shall apply to the shares held with a depository under the Depositories Act, 1996 (22 of 1996). (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Small Industries Bank to keep the register of the shareholders in computer floppies, diskettes, compact disk or any other electronic form, subject to such safeguards, as may be prescribed. (3) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extract from, the register of the shareholders, certified to be a true copy under the hand of an officer of the Small Industries Bank authorised in this behalf, shall, in all legal proceedings, be admissible in evidence. (4) 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 the shareholders for the purposes of this Act. **20C. Trust not to be entered on the register of shareholders.—Notwithstanding anything** contained in section 20B, no notice of any trust, express, implied or constructive, shall be entered on the register of shareholders or be receivable by the Small Industries Bank: Provided that nothing in this section shall apply to a depository in respect of the shares held by it as a registered owner on behalf of a beneficial owner. _Explanation.—For the purposes of section 20B 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). **20D. Board’s right to refuse registration of transfer of shares.—(1) The Board may refuse to** register the transfer of any shares in the name of the transferee on any one or more of the following grounds, and on no other ground, namely:— (a) the transfer of the shares is in contravention of the provisions of this Act or regulations made thereunder or any other law; (b) the transfer of the shares, in the opinion of the Board, is prejudicial to the interests of the Small Industries Bank or to the public interest; (c) the transfer of shares is prohibited by an order of a court, tribunal or any other authority under any law for the time being in force. (2) The Board shall, before the expiry of two months from the date on which the instrument of transfer of shares of the Small Industries Bank is lodged with it for the purpose of registration of such transfer, not only form, in good faith, its opinion as to whether such registration ought not or ought to be refused on any of the grounds referred to in sub-section (1) but also,— (a) if it has formed the opinion that such registration ought not to be so refused, effect such registration; and (b) if it has formed the opinion that such registration ought to be refused on any of the grounds mentioned in sub-section (1), intimate the transferor and the transferee by notice in writing. (3) An appeal against the order of refusal of the Board under sub-section (2) shall lie to the Central Government and the procedure for filing and hearing of such appeal shall be in accordance with the rules made by the Central Government in this behalf. 16 ----- **20E. Shares to be securities under the Indian Trusts Act, 1882.—Notwithstanding anything** contained in the Indian Trusts Act, 1882 (2 of 1882), the shares of the Small Industries Bank shall be deemed to be included among the securities enumerated in section 20 of the said Act. CHAPTER IVB MEETINGS AND PROCEEDINGS **20F. Annual general meeting.—(1) The Small Industries Bank shall in each year hold, in addition** to any other meetings, a general meeting as its annual general meeting and shall specify the meeting as such in the notices calling it; and not more than fifteen months shall elapse between the date of one annual general meeting and that of the next: Provided that the Small Industries Bank may hold the first annual general meeting within a period of six months from the date on which it allots shares for the first time to public for subscription: Provided further that the Central Government may extend the time within which any annual general meeting shall be held by a period not exceeding three months. (2) Every annual general meeting shall be called for a time during business hours, on a day that is not public holiday, and shall be held either at head office or at some other place within the city or town in which the head office is situated. _Explanation.—For the purposes of this section, “public holiday” means a public holiday within the_ meaning of the Negotiable Instruments Act, 1881 (26 of 1881): Provided that no Sunday shall be deemed to be such a holiday in relation to any meeting: Provided further that no day declared by the Central Government to be a public holiday shall be deemed to be such a holiday, in relation to any meeting, unless the declaration was notified before the issue of the notice convening such meeting. **20G. Matters to be discussed and procedure in annual general meeting.—(1)** The shareholders present at an annual general meeting shall be entitled to discuss and adopt— (a) the balance-sheet and profit and loss account of the Small Industries Bank made up to the date on which its accounts are closed and balanced; (b) the report of working of the Small Industries Bank for the period covered by the accounts; (c) the auditor’s report on the balance-sheet and accounts; (d) proposals for declaration of dividend and capitalisation of reserves; (e) appointment of auditors referred to in sub-section (1) of section 30. (2) The shareholders present at an annual general meeting may also discuss any other matter to be transacted at such meetings in accordance with the provisions of this Act. (3) The matters relating to— (a) the manner in which annual general meeting or other meetings are held under this Act and the procedure to be followed thereat; (b) the manner in which voting rights may be exercised and resolutions may be passed; and (c) the procedure for transaction of business at such meetings and related matters. shall be such as may be prescribed.] CHAPTER V SMALL INDUSTRIES DEVELOPMENT ASSISTANCE FUND **21. Small Industries Development Assistance Fund.—(1) With effect from such date as the Central** Government may, by notification, appoint, the Small Industries Bank shall establish and maintain, a special fund to be called the Small Industries Development Assistance Fund. 17 ----- (2) The Small Industries Bank may, at any time, establish any fund as part of the Small Industries Development Assistance Fund for such purpose or purposes as may be approved by the Central Government on the recommendation of the [1][Board], or establish any other fund as may be required by or under any law for the time being in force. **22. Credits to Small Industries Development Assistance Fund.—To the Small Industries** Development Assistance Fund shall be credited— (a) all amounts received for the purpose of that Fund by way of loans, gifts, grants, donations, benefactions or otherwise from Government or any other source; (b) repayments or recoveries in respect of loans, advances or other facilities granted from the Fund; (c) income or profits from investments made from the Fund; and (d) income accruing or arising to the Fund, by way of interest or otherwise, on account of the application of the Fund in accordance with the provisions of section 23. **23. Utilisation of Small Industries Development Assistance Fund.—The Small Industries Bank** may disburse or spend from the Small Industries Development Assistance Fund, any amount for such purposes as the Central Government may, on the recommendation of the [2][Board], specify. **24. Debits to Small Industries Development Assistance Fund.—(1) To the Small Industries** Development Assistance Fund shall be debited— (a) such amounts as may from time to time be disbursed or spend under section 23; (b) such amounts as may be required for discharging the liabilities in respect of loans received for the purpose of that Fund; (c) any loss arising on account of investment made out of that Fund; and (d) such expenditure arising out of, or in connection with, the administration and application of that Fund as may be determined by the Board. (2) No amount shall be debited to the Small Industries Development Assistance Fund except as provided for in sub-section (1). **25. Accounts and audit of Small Industries Development Assistance Fund.—(1) The** balance-sheet and accounts of Small Industries Development Assistance Fund shall be prepared in such form and manner as may be prescribed. (2) The Board shall cause the books and accounts of the Small Industries Development Assistance Fund to be closed and balanced as on the 31st day of March, each year or such other date as the [3][Board] may specify. 4[(3) The Small Industries Development Assistance Fund shall be audited by the auditors, appointed under sub-section (1) of section 30, who shall make a separate report thereon.] (4) The provisions of sub-sections (2), (3) and (4) of section 30 shall, so far as may be, apply in relation to the audit of the Small Industries Development Assistance Fund. (5) The Small Industries Bank shall furnish to the Central Government [5]*** within four months from the date on which the accounts of the Small Industries Development Assistance Fund are closed and balanced, a copy of balance-sheet and accounts together with a copy of its auditors’ report and a report on the operation of that Fund during the relevant year and the Central Government shall, as soon as may be after they are received by it, cause the same to be laid before each House of Parliament. 1. Subs. by Act 7 of 2000, s. 13, for “Development Bank” (w.e.f. 27-3-2000). 2. Subs. by s. 14, ibid., for “Development Bank” (w.e.f. 27-3-2000). 3. Subs. by s. 15, ibid., for “Development Bank” (w.e.f. 27-3-2000). 4. Subs. by s. 15, ibid., for sub-section (3) (w.e.f. 27-3-2000). 5. The words “and the Development Bank” omitted by s. 15, ibid. (w.e.f. 27-3-2000). 18 ----- **26. Liquidation of Small Industries Development Assistance Fund.—The Small Industries** Development Assistance Fund shall not be closed or wound up save by order of the Central Government and in such manner as that Government may, [1]*** direct. CHAPTER VI SMALL INDUSTRIES GENERAL FUND, ACCOUNTS AND AUDIT **27. Small Industries General Fund.—All receipts of the Small Industries Bank other than those** which are to be credited to the Small Industries Development Assistance Fund under this Act shall be credited to a fund to be called the Small Industries General Fund and all payments by the Small Industries Bank, other than those which are to be debited to the Small Industries Development Assistance Fund, shall be made out of the Small Industries General Fund. **28. Preparation of accounts and balance-sheet.—(1) The balance-sheet and accounts of the Small** Industries Bank shall be prepared in such form and manner as may be prescribed. (2) The Board shall cause the books and accounts of the Small Industries Bank to be closed and balanced as on the 31st day of March each year or such other date, as the [2][Board] may specify. **29. Disposal of profits accruing to Small Industries General Fund.—(1) The Small Industries** Bank may establish a reserve fund to which may be transferred such sums as that Bank may deem fit out of the annual profits accruing to the Small Industries General Fund. 3[(2) After making provision for bad and doubtful debts, depreciation of assets and for all other matters for which provision is necessary or expedient or which is usually provided for by bankers and for the reserve fund referred to in sub-section (1), and after transferring a part of the profits to such other reserves or funds as may be considered appropriate, the Board may, out of its net profits, propose a dividend.] **30. Audit.—[4][(1)The accounts of the Small Industries Banks shall be audited by auditors duly** qualified to act as auditors under sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956), who shall be appointed by the Small Industries Bank in general meeting of the shareholders out of the panel of auditors approved by the Reserve Bank for such term and on such remuneration as the Reserve Bank may fix.] (2) The auditors shall be supplied with a copy of the annual balance-sheet of the Small Industries Bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the Small Industries Bank and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the Small Industries Bank. (3) The auditors may, in relation to such accounts, examine any Director or any officer or other employee of the Small Industries Bank and shall be entitled to require from the Board or officers or other employees of the Small Industries Bank such information and explanation as they may think necessary for the performance of their duties. (4) The auditors shall make a report to the Small Industries Bank upon the annual balance-sheet and accounts examined by them and in every such report they shall state whether in their opinion the balance-sheet is a full and fair balance-sheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the Small Industries Bank and in case they had called for any explanation or information from the Board or any officer or other employee of the Small Industries Bank whether it has been given and whether it is satisfactory. 1. The words “, on the recommendation of the Development Bank” omitted by Act 7 of 2000, s. 16 (w.e.f. 27-3-2000). 2. Subs. by s. 17, ibid., for “Development Bank” (w.e.f. 27-3-2000). 3. Subs. by s. 18, ibid., for sub-section (2) (w.e.f. 27-3-2000). 4. Subs. by s. 19, ibid., for sub-section (1) (w.e.f. 27-3-2000). 19 ----- (5) The Small Industries Bank shall furnish to the Central Government [1]*** within four months from the date on which its accounts are closed and balanced, a copy of its balance-sheet and accounts together with a copy of the auditors’ report and a report of the working of the Small Industries Bank during the relevant year, and the Central Government shall, as soon as may be after they are received by it, cause the same to be laid before each House of Parliament. **31. Saving.—Save as otherwise provided in sub-section (4) of section 25, nothing contained in this** Chapter shall apply to the Small Industries Development Assistance Fund. CHAPTER VII TRANSFER OF PART OF BUSINESS OF DEVELOPMENT BANK **32. Transfer of part of business of Development Bank.—(1) On such date as the Central** Government may, by notification, appoint, the business, assets and liabilities, rights, interests, privileges and obligations of the Development Bank relating to the Small Industries Development Fund and the National Equity Fund (hereinafter in this section referred to as Fund) shall stand transferred to, and vest in, the Small Industries Bank. _Explanation.—“Small Industries Development Fund” and “National Equity Fund” mean the Small_ Industries Development Fund and National Equity Fund referred to as such in the books and accounts of the Development Bank on the day immediately preceding the date appointed in this sub-section. (2) For the transfer to, and vesting in, the Small Industries Bank under sub-section (1) of the Funds, that Bank shall pay to the Development Bank such amount and on such terms and conditions as the Development Bank may determine. (3) All contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature which relate to the Funds and which are subsisting or having effect immediately before the date referred to in sub-section (1) and to which the Development Bank is a party or which are in favour of the Development Bank shall,— (a) if they relate exclusively to the Funds, be of full force and effect against or in favour of the Small Industries Bank and may be enforced and acted upon as fully and effectively as if, instead of the Development Bank, the Small Industries Bank had been a party thereto or as if they had been issued in favour of the Small Industries Bank; and (b) if they relate not only to the Funds but also to any of the other business or functions of the Development Bank, be of full force and effect against or in favour of both the Development Bank and the Small Industries Bank and may be enforced or acted upon as fully and effectively as if, in addition to the Development Bank, the Small Industries Bank had also been a party thereto or as if they had been issued in favour of the Development Bank and also the Small Industries Bank. (4) If, on the date referred to in sub-section (1), any suit, appeal or other legal proceeding of whatever nature relating to the Funds is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Small Industries Bank of the business of the Development Bank or of anything contained in this Act, but the suit, appeal or other proceeding may,— (a) where it relates exclusively to the Funds, be continued prosecuted and enforced by or against the Small Industries Bank; and (b) where it relates not only to the Funds but also to any of the other business or functions of the Development Bank be continued, prosecuted and enforced by or against the Development Bank and the Small Industries Bank or, if the Central Government by order in writing so directs, by or against such one of them, as may be specified in such order. (5) If any question arises as to whether any contract, deed, bond, agreement, power of attorney, grant of legal representation or other instrument referred to in sub-section (3) or any suit, appeal or other legal 1. The words “and the Development Bank” omitted by Act 7 of 2000, s. 19 (w.e.f. 27-3-2000). 20 ----- proceeding referred to in sub-section (4) relates or relate exclusively to the Funds it shall be referred to the Development Bank for decision and the decision of the Development Bank thereon shall be final. (6) The provisions of this section shall have effect notwithstanding anything contained in the Industrial Development Bank of India Act, 1964 (18 of 1964), or any other law or any instrument having force by virtue of the said Act or other law. CHAPTER VIII MISCELLANEOUS **33. Staff of Small Industries Bank.—(1) The Small Industries Bank may appoint such number of** officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. (2) At any time before the expiry of six months from the appointed day, the Development Bank may, in public interest, transfer to the Small Industries Bank such members of its staff whom the Development Bank considers as relevant to, or suitable for, the functions of the Small Industries Bank, as on deputation with the Small Industries Bank, but such members shall hold office by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as they would have held such office if the Small Industries Bank had not been established and shall continue to do so until the Development Bank either on its own motion or at the request of the Small Industries Bank recalls such member of staff to its service: Provided that every member of the staff so transferred may elect to go back to the Development Bank by exercising an option in writing to that effect before the expiry of a period of nine months from the appointed day and on the exercise of such option, the Development Bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the Small Industries Bank during the period he was a member of the staff of the Small Industries Bank. (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 absorption of any member of the staff by the Small Industries Bank in its regular service under this section shall not entitle such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority. _Explanation.—For the purposes of this section, “appointed day” means the date of establishment of_ the Small Industries Bank under section 3. **34. Delegation of powers.—The Board may, by general or special order, delegate to any Director or** committee constituted under section 12 or to any officer or other employee of the Small Industries Bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it may deem necessary. **35. Returns.—The Small Industries Bank shall furnish from time to time to** [1][the Central Government and the Reserve Bank] such returns as they may require. **36. Obligations as to fidelity and secrecy.—(1) The Small Industries Bank shall not, except as** otherwise required by this Act or any other law, 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 Small Industries Bank to divulge such information. (2) The Small Industries Bank may, for the purpose of the efficient discharge of the functions under this Act, collect from or furnish to the Central Government, Reserve Bank, Development Bank, State Bank, any subsidiary bank, nationalised bank or other scheduled bank, State Cooperative Bank, State Financial Corporation, State Industrial Development Corporation, State Small Industries Corporation or 1. Subs. by Act 7 of 2000, s. 20, for “the Central Government, the Reserve Bank and the Development Bank” (w.e.f. 27-3-2000). 21 ----- the National Small Industries Corporation or such other institutions [1][as may be specified by the Board], credit information or other information as it may consider useful for the purpose, in such manner and at such times, as it may think fit. _Explanation.—For the purpose of this sub-section, the expression “credit information” shall have the_ same meaning as in clause (c) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934), subject to the modification that “banking company” referred to therein shall mean a bank, corporation or other institution referred to in this sub-section. (3) Every Director, member of a committee, auditor, officer or other employee of the Small Industries Bank [2]*** whose services are utilised by the Small Industries Bank under the provisions of this Act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the First Schedule to this Act. **37. Defects in appointment not to invalidate acts, etc.—(1) No act or proceeding of the Board or of** any committee of the Small Industries Bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board or the committee, as the case may be. (2) No act done by any person acting in good faith as a Director shall be deemed to be invalid merely on the ground that he was disqualified to be a Director or that there was any other defect in his appointment. 3[37A. Amounts and securities to be held in trust.—(1) Any sums received by a borrowing institution in repayment or realisation of loans and advances refinanced either wholly or partly by the Small Industries Bank shall, to the extent of the accommodation granted by the Small Industries Bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the Small Industries Bank, and shall accordingly be paid by such institution to the Small Industries Bank, as per the repayment schedule fixed by the Small Industries Bank. (2) Where an accommodation has been granted to a borrowing institution, all securities held, or which may be held, by such borrowing institution, on account of any transaction in respect of which such accommodation has been granted by the Small Industries Bank, shall be held by such institution in trust for the Small Industries Bank.] # 38. Rights of Small Industries Bank in case of default.—(1) Where any industrial concern in the small-scale sector, which is under a liability to the Small Industries Bank under an agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the Small Industries Bank or otherwise fails to comply with the terms of its agreement, with the Small Industries Bank, the Small Industries Bank shall have the right to take over the management, or possession, or both of such industrial concern in the small-scale sector, as well as the right to transfer by way of lease or sale and realise the property pledged, mortgaged, hypothecated or assigned to the Small Industries Bank. (2) Any transfer of property made by the Small Industries Bank, in exercise of its powers under sub-section (1), shall vest in the transferee all rights in or to the property transferred as if the transfer had been made by the owner of the property. (3) The Small Industries Bank shall have the same rights and powers with respect to goods manufactured or produced wholly or partly from goods forming part of the security held by it as it had with respect to the original goods. (4) Where any action has been taken against an industrial concern in the small-scale sector under the provisions of sub-section (1), all costs, charges and expenses which in the opinion of the Small Industries Bank have been properly incurred by it as incidental thereto shall be recoverable from the industrial concern in the small-scale sector and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and 1. Subs. by Act 7 of 2000, s. 21, for “as may be specified by the Development Bank” (w.e.f. 27-3-2000). 2. The words “or the Development Bank” omitted by s. 21, ibid., (w.e.f. 27-3-2000). 3. Ins. by s. 22, ibid. (w.e.f. 27-3-2000). 22 ----- expenses and, secondly, in discharge of the debt due to the Small Industries Bank, and the residue of the money so received shall be paid to the person entitled thereto in accordance with his rights and interests. (5) Where the Small Industries Bank takes over the management or possession of an industrial concern in the small-scale sector under the provisions of sub-section (1), the Small Industries Bank shall be deemed to be the owner of such concern, for the purposes of suits by or against the concern, and shall sue and be sued in the name of the concern. **39.** **Power** **to** **seek** **assistance** **of** **Chief** **Metropolitan** **Magistrate** **or** **District** **Magistrate.—(1) Where any property, effects or actionable claims are sold or leased in pursuance of any** power conferred by section 38, the Small Industries Bank or any other person authorised by it may, for the purpose of taking into custody or under control any such property, effects or actionable claims, request, in writing, the Chief Metropolitan Magistrate or the District Magistrate within whose jurisdiction any such property, effects, actionable claims, books of account or other documents relating thereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or the District Magistrate shall, on such request being made to him,— (a) take possession of such property, effects, actionable claims, or books of account or other documents relating thereto; and (b) forward them to the Small Industries Bank or such other person, as the case may be. (2) For the purpose of securing compliance with the provisions of sub-section (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force as may, in his opinion, be necessary. (3) No act of the Chief Metropolitan Magistrate or the District Magistrate done in pursuance of this section shall be called in question in any court or before any authority. **40. Power to call for repayment before agreed period.—Notwithstanding anything in any** agreement to the contrary, the Small Industries Bank may, by notice in writing, require any industrial concern in the small-scale sector to which it has granted any loan or advance to discharge forthwith in full its liabilities to the Small Industries Bank,— (a) if it appears to the Board that false or misleading information in any material particular was given in the application for the loan or advance; or (b) if the industrial concern in the small-scale sector has failed to comply with the terms of its contract with the Small Industries Bank in the matter of the loan or advance; or (c) if there is a reasonable apprehension that the industrial concern in the small-scale sector is unable to pay its debt or that proceedings for liquidation may be commenced in respect thereof; or (d) if the property pledged, mortgaged, hypothecated or assigned to the Small Industries Bank as security for the loan or advance is not insured and kept insured by the industrial concern in the smallscale sector to the satisfaction of the Small Industries Bank; 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 forming part of the security or otherwise, is removed from the premises of the industrial concern in the small-scale sector without being replaced; or (f) if for any reason it is necessary to protect the interests of the Small Industries Bank. **41. Special provisions for enforcement of claims by Small Industries Bank.—(1) Where an** industrial concern in the small-scale sector, in breach of any agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the Small Industries Bank or otherwise fails to comply with the terms of its agreement with that Bank, or where the Small Industries Bank requires any industrial concern in the small-scale sector to make repayment of any loan or advance under section 40 and such industrial concern fails to make such 23 ----- repayment, then, without prejudice to the provisions of section 38 of this Act and section 69 of the Transfer of Property Act, 1882 (4 of 1882), any officer of that Bank, generally or specially authorised by that Bank 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 assigned, charged, hypothecated, mortgaged or pledged to that Bank as security for the loan or advance; or (b) for enforcing the liability of any surety; or (c) for an _ad interim injunction restraining the industrial concern in the small-scale sector from_ transferring or removing its machinery, plant or equipment from the premises of such industrial concern without the permission of the Small Industries Bank, where such transfer or removal is apprehended. (2) An application under sub-section (1) shall state the nature and extent of the liability of the industrial concern in the small-scale sector to the Small Industries Bank, the ground on which it is made and such other particulars as may be necessary for obtaining the relief prayed for. (3) Where the application is for the reliefs mentioned in clause (a) and clause (c) of sub-section (1), the Court shall pass an ad interim order attaching the security, or so much of the property of the industrial concern in the small-scale sector as would on being sold realise in its estimation an amount equivalent in value to the outstanding liability of such industrial concern to the Small Industries Bank together with costs of the proceedings taken under this section with or without an ad interim injunction restraining such industrial concern from transferring or removing its machinery, plant or equipment. (4) Where the application is for the relief mentioned in clause (b) of sub-section (1), the Court shall issue a notice calling upon the surety to show cause on a date to be specified in the notice as to why the liability should not be enforced. (5) Before passing any order under sub-section (3) or issuing a notice under sub-section (4), the Court may, if it thinks fit, examine the officer making the application. (6) At the same time as it passes an order under sub-section (3), the Court shall issue to the industrial concern in the small-scale sector or to the owner of the security attached, a notice accompanied by copies of the order, the application and the evidence, if any, recorded by the Court calling upon such industrial concern or owner, to show cause on a date to be specified in the notice, as to why the ad interim order of attachment should not be made absolute or the injunction confirmed. (7) If no cause is shown, on or before the date specified in the notice under sub-section (4), the Court shall forthwith order the enforcement of the liability of the surety. (8) If no cause is shown on or before the date specified in the notice under sub-section (6), the Court shall forthwith make the ad interim order absolute and direct the sale of the attached property or confirm the injunction. (9) If cause is shown, the Court shall proceed to investigate the claim of the Small Industries Bank in accordance with the provisions contained in the Code of Civil Procedure, 1908 (5 of 1908), in so far as such provisions may be applied thereto. (10) After making an investigation under sub-section (9), the Court may— (a) confirm the order of attachment and direct the sale of the attached property; (b) vary the order of attachment so as to release a portion of the property from attachment and direct the sale of the remainder of the attached property; (c) release the property from attachment; (d) confirm or dissolve the injunction; or (e) direct the enforcement of the liability of the surety or reject the claim made in this behalf: Provided that when making an order under clause (c) or making an order rejecting the claim to enforce the liability of the surety under clause (e), the Court may make such further order as it thinks 24 ----- necessary to protect the interests of the Small Industries Bank and may apportion the cost of the proceedings in such manner as it thinks fit: Provided further that unless the Small Industries Bank intimates to the Court that it will not appeal against any order releasing any property from attachment or rejecting the claim to enforce the liability of the surety, 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. (11) An order of attachment or sale of property under this section shall be carried into effect as far as practicable in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the attachment or sale of property in execution of a decree as if the Small Industries Bank were the decree holder. (12) Any party aggrieved by an order under sub-section (7), sub-section (8) or sub-section (10) 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 upon such appeal the appellate Court may, after hearing the parties, pass such orders as it thinks proper. (13) Where proceedings for liquidation in respect of an industrial concern in the small-scale sector have commenced before an application is made under sub-section (1), nothing in this section shall be construed as giving to the Small Industries Bank any preference over the other creditors of such industrial concern 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 the other powers incidental thereto. **42. Small Industries Bank to have access to records.—(1) The Small Industries Bank shall have** free access to all such records of any institution which seeks to avail of any credit facilities from the Small Industries Bank and to all such records of any such person who seeks to avail of any credit facilities from such institution, perusal whereof may appear to the Small Industries Bank to be necessary in connection with the providing of finance or other assistance to such institution or the refinancing of any loan or advance made to such person by the borrowing institution. (2) The Small Industries Bank may require any institution or person referred to in sub-section (1) to furnish to it copies of any of the records referred to in that sub-section and the institution or the person, as the case may be, shall be bound to comply with such requisition. **43. Validity of loan or advance not to be questioned.—Notwithstanding anything to the contrary** contained in any other law for the time being in force, the validity of any loan or advance granted by the Small Industries Bank in pursuance of the provisions of this Act shall not be called in question merely on the ground of non-compliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument: Provided that nothing in this section shall render valid any loan or advance obtained by any company or co-operative society where such company or co-operative society is not empowered by its memorandum to obtain loans or advances. **44. Indemnity of Directors.—(1) Every Director shall be indemnified by the Small Industries Bank** against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. (2) A Director shall not be responsible for any other Director or for any officer or other employee of the Small Industries Bank or for any loss or expenses resulting to the Small Industries Bank or from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the Small Industries Bank or the insolvency or wrongful act of any debtor or any person under obligation to the Small Industries Bank or anything done in good faith in the execution of the duties of his office or in relation thereto. 25 ----- **45. Protection of action taken under this Act.—No suit or other legal proceeding shall lie against** the Small Industries Bank, [1][chairman and managing director, the whole-time director] or any Director or any officer or other employee of such Bank or any other person authorised by that Bank to discharge any functions under this Act for any loss or 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 other law or provision having the force of law. **46. Nomination by depositors or holders of bonds or other securities.—(1) Notwithstanding** anything contained in any other law, where a nomination in respect of any deposits, bonds or other securities kept with or issued by the Small Industries Bank is made in the prescribed manner, the amount due on such deposits, bonds or other securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title, interest or claim of any other person, in relation to such deposits, bonds or other securities. (2) Any payment by the Small Industries Bank in accordance with the provisions of sub-section (1) shall be a full discharge of its liability in respect of such deposits, bonds or securities. **47. Arrangement with Small Industries Bank on appointment of directors to prevail.—(1) Where** any arrangement entered into by the Small Industries Bank with an industrial concern in the small-scale sector provides for the appointment by the Small Industries Bank of one or more directors of such industrial concern, such provision and any appointment of directors made in pursuance, thereof shall be valid and effective notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to that industrial concern, and any provision regarding share qualification, age-limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the Small Industries Bank in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall— (a) hold office during the pleasure of the Small Industries Bank and may be removed or substituted by any person by order in writing of the Small Industries Bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. **48. Act 18 of 1891 to apply in relation to Small Industries Bank.—The Bankers’ Books Evidence** Act, 1891 shall apply in relation to Small Industries Bank as if it were a bank as defined in section 2 of that Act. **49. Act 10 of 1949 not to apply to Small Industries Bank.—Nothing contained in the Banking** Regulation Act, 1949, except section 34A and section 36AD thereof, shall apply to the Small Industries Bank. **50. [Act 43 of 1961 not to apply to Small Industries Bank.]—Omitted by the Finance Act, 2001** (14 of 2001), s. 142 (w.e.f 1-4-2002). **51. Liquidation of Small Industries Bank.—No provision of law relating to the winding up of** companies or corporations shall apply to the Small Industries Bank and that Bank shall not be placed in liquidation save by order of the Central Government and in such manner as it may direct. 2[51 A. Power to make rules by Central Government.—(1) The Central Government may, by notification, make rules to carry out the provisions of this Act. 1. Subs. by Act 7 of 2000, s. 23, for “chairman” (w.e.f. 27-3-2000). 2. Ins. by Act 7 of 2000, s. 24 (w.e.f. 27-3-2000). 26 ----- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) the procedure for filing and hearing of appeal against the refusal to register the transfer of shares by the Board under sub-section (3) of section 20D; and (ii) any other matter which has to be, or may be, prescribed by rules under this Act.] **52. Power to make regulations.—(1) The Board may [1]*** by notification, make regulations not** inconsistent with the provisions of this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for— 2[(a) the removal of Director under sub-section (8) of section 6; (aa) the places of meetings of the Board under this Act and the procedure to be followed at such meetings including the quorum necessary for transaction of business and the manner of adoption of resolution under section 6; (ab) the functions to be discharged by the Executive Committee under sub-section (2) of section 12; (ac) the places of meetings of the Executive Committee and the procedure to be followed at such meetings under sub-section (4) of section 12; (ad) such fees and allowances which may be paid to the directors and members of the Executive Committee under section 12A; (ae) the particulars to be prescribed in the register of shareholders under clause (iv) of sub-section (1) of section 20B; (af) the procedure relating to maintenance of register of shareholders in electronic form under sub-section (2) of section 20B; (ag) the matters relating to the annual general meeting under sub-section (3) of section 20G;] (b) the form and manner in which the balance-sheets and the accounts of the Small Industries Development Assistance Fund under sub-section (1) of section 25 and the Small Industries Bank under sub-section (1) of section 28 shall be prepared; (c) the manner in which nominations may be made in terms of sub-section (1) of section 46; (d) generally the efficient conduct of the affairs of the Small Industries Bank; (e) any other matter which is to be, or may be, prescribed. 3[(3) Every rule made by the Central Government, and every regulation made by the Board under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] 1. The words “with the previous approval of the Development Bank” omitted by Act 7 of 2000, s. 25 (w.e.f. 27-3-2000). 2. Subs. by s. 25, ibid., for clause (a) (w.e.f. 27-3-2000). 3. Subs. by s. 25, ibid., for sub-section (3) (w.e.f. 27-3-2000). 27 ----- **[53. Amendment of certain enactments.]—Rep. by the Repealing and Amending Act, 2001** (30 of 2001), s. 2 and The First Schedule (w.e.f. 3-9-2001). **54. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this** Act, the Central Government may, in consultation with the Development Bank, by order, do anything, not inconsistent with such provisions, for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of three years from the date on which this Act receives the assent of the President. 28 ----- THE FIRST SCHEDULE [See section 36(3)] _Declaration of fidelity and secrecy_ I,........................., do hereby declare that I will faithfully, truly and to the best of my skill and ability execute and perform the duties required of me as director, member of............. committee, auditor, officer, other employee (as the case may be) of the Small Industries Development Bank of India and which properly relate to the office or position held by me in or in relation to the said Bank. I further declare that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the Small Industries Development Bank of India or to the affairs of any person having any dealing with the said 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 said Bank relating to the business of the said Bank or the business of any person having any dealing with the said Bank. Signed before me. (Signature) ______ [THE SECOND SCHEDULE].—Rep. by the Repealing and Amending Act, 2001(30 of 2001), s. 2 and _The First Schedule (w.e.f. 3-9-2001)._ 29 -----

30-Aug-1990

20

The National Commission for Women Act, 1990

https://www.indiacode.nic.in/bitstream/123456789/1944/1/199020.pdf

central

# THE NATIONAL COMMISSION FOR WOMEN ACT, 1990 ________ ARRANGEMENT OF SECTIONS _______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE NATIONAL COMMISSION FOR WOMEN 3. Constitution of the National Commission for Women. 4. Term of office and conditions of service of Chairperson and Members. 5. Officers and other employees of the Commission. 6. Salaries and allowances to be paid out of grants. 7. Vacancies, etc., not to invalidate proceedings of the Commission. 8. Committees of the Commission. 9. Procedure to be regulated by the Commission. CHAPTER III FUNCTIONS OF THE COMMISSION 10. Functions of the Commission. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 11. Grants by the Central Government. 12. Accounts and audit. 13. Annual report. 14. Annual report and audit report to be laid before Parliament. CHAPTER V MISCELLANEOUS 15. Chairperson, Members and Staff of the Commission to be public servants. 16. Central Government to consult Commission. 17. Power to make rules. 1 ----- # THE NATIONAL COMMISSION FOR WOMEN ACT, 1990 ACT NO. 20 OF 1990 [30th August, 1990.] # An Act to constitute a National Commission for Women and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-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 National Commission** for Women Act, 1990. (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) “Commission” means the National Commission for Women constituted under section 3; (b) “Member” means a Member of the Commission and includes the Member-Secretary; (c) “prescribed” means prescribed by rules made under this Act. CHAPTER II THE NATIONAL COMMISSION FOR WOMEN **3. Constitution of the National Commission for Women.—(1) The Central Government shall** constitute a body to be known as the National Commission for Women to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The Commission shall consist of— (a) a Chairperson, committed to the cause of women, to be nominated by the Central Government; (b) five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry or organisation committed to increasing the employment potential of women, women’s voluntary organisations (including women activists), administration, economic development, health, education or social welfare: Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively; (c) a Member-Secretary to be nominated by the Central Government, who shall be— (i) an expert in the field of management, organisational structure or sociological movement, or (ii) an officer who is a member of a civil service of the Union or of an all-India service or holds a civil post under the Union with appropriate experience. 1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-102019). 2. 31st January, 1992, vide notification No. S.O. 99(E), dated 31st January, 1992, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2 ----- **4. Term of office and conditions of service of Chairperson and Members.—(1)The Chairperson** and every Member 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 (other than the Member-Secretary who is a member of a civil service of the Union or of an all-India service or holds a civil post under the Union) may, by writing and addressed to the Central Government, resign from the office of Chairperson or, as the case may be, of the Member at any time. (3) The Central Government shall remove a person from the office of Chairperson or a 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 Commission, absent from three consecutive meetings of the Commission; or (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 until 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 nomination. (5) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed. **5. Officers and other employees of the Commission.—(1) The Central Government shall provide** the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed. **6. Salaries and allowances to be paid out of grants.—The salaries and allowances payable to the** Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred to in sub-section (1) of section 11. **7. Vacancies, etc., not to invalidate proceedings of the Commission.—No act or proceeding of the** Commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission. **8. Committees of the Commission.—(1) The Commission may appoint such committees as may be** necessary for dealing with such special issues as may be taken up by the Commission from time to time. (2) The Commission 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 Commission, 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 its proceedings but shall not have the right to vote. (3) The persons so co-opted shall be entitled to receive such allowances for attending the meetings of the committee as may be prescribed. 3 ----- **9. Procedure to be regulated by the Commission.—(1) The Commission or a committee thereof** shall meet as and when necessary and shall meet at such time and place as the Chairperson may think fit. (2) The Commission shall regulate its own procedure and the procedure of the committees thereof. (3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Member-Secretary in this behalf. CHAPTER III FUNCTIONS OF THE COMMISSION **10. Functions of the Commission.—(1) The Commission shall perform all or any of the following** functions, namely:— (a) investigate and examine all matters relating to the safeguards provided for women under the Constitution and other law; (b) present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (c) make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State; (d) review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations; (e) take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities; (f) look into complaints and take suo moto notice of matters relating to— (i) deprivation of women’s rights; (ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development; (iii) non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities; (g) call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal; (h) undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity; (i) participate and advise on the planning process of socio-economic development of women; (j) evaluate the progress of the development of women under the Union and any State; (k) inspect or cause to be inspected a jail, remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary; (l) fund litigation involving issues affecting a large body of women; (m) make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil; (n) any other matter which may be referred to it by the Central Government. 4 ----- (2) The Central Government shall cause all the reports referred to in clause (b) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the nonacceptance, if any of any of such recommendations. (3) Where any such reportor any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such report or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (4) The Commission shall, while investigating any matter referred to in clause (a) or sub-clause (i) of clause (f) ofsub-section (1), have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed. CHAPTER IV FINANCE, ACCOUNTS AND AUDIT **11. Grants by the Central Government.—(1) The Central Government shall, after due** appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. (2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1). **12. Accounts and audit.—(1) The Commission 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 Commission 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 Commission to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission. (4) The accounts of the Commission, 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 Commission. **13. Annual report.—The Commission 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. 5 ----- **14. 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 non-acceptance, 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. CHAPTER V MISCELLANEOUS **15. Chairperson, Members and Staff of the Commission to be public servants.—The** Chairperson, the Members, officers and other employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). **16. Central Government to consult Commission.—The Central Government shall consult the** Commission on all major policy matters affecting women. **17. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,** make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members under sub-section (5) of section 4 and of officers and other employees under sub-section(2) of section 5; (b) allowances for attending the meetings of the committee by the co-opted persons under subsection (3)of section 8; (c) other matters under clause (f) of sub-section (4) of section 10; (d) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 12; (e) the form in, and the time at, which the annual report shall be prepared under section 13; (f) 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. 6 -----

10-Sep-1990

21

The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990

https://www.indiacode.nic.in/bitstream/123456789/1953/1/a1990-21.pdf

central

# THE ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ACT, 1990 _______ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Power to declare areas to be disturbed areas. 4. Special powers of the armed forces. 5. Power of search to include powers to break open locks, etc. 6. Arrested persons and seized property to be made over to the police. 7. Protection of persons acting in good faith under this Act. 8. Repeal and saving. ----- # THE ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ACT, 1990 ACT NO. 21 OF 1990 [10th September, 1990.] # An Act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Jammu and Kashmir*. BE it enacted by Parliament in the Forty-first Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Armed Forces (Jammu** and Kashmir) Special Powers Act, 1990. (2) It extends to the whole of the State of Jammu and Kashmir*. (3) It shall be deemed to have come into force on the 5th day of July, 1990. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “armed forces” means the military forces and the air forces operating as land forces and includes any other armed forces of the Union so operating; (b) “disturbed area” means an area which is for the time being declared by notification under section 3 to be a disturbed area; (c) all other words and expressions used herein, but not defined and defined in the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), shall have the meanings respectively assigned to them in those Acts. **3. Power to declare areas to be disturbed areas.—If, in relation to the State of Jammu and** Kashmir*, the Governor of that State or the Central Government, is of opinion that the whole or any part of the State is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary to prevent— (a) activities involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people; (b) activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution of India, the Governor of the State or the Central Government, may, by notification in the Official Gazette, declare the whole or any part of the State to be a disturbed area. _Explanation.—In this section, “terrorist act” has the same meaning as in Explanation to article 248 of_ the Constitution of India as applicable to the State of Jammu and Kashmir*. **4. Special powers of the armed forces.—Any commissioned officer, warrant officer, non-** commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,— (a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances; *. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. ----- (b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence; (c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest; (d) enter and search, without warrant, any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary, and seize any such property, arms, ammunition or explosive substances; (e) stop, search and seize any vehicle or vessel reasonably suspected to be carrying any person who is a proclaimed offender, or any person who has committed a non-cognizable offence, or against whom a reasonable suspicion exists that he has committed or is about to commit a non-cognizable offence, or any person who is carrying any arms, ammunition or explosive substance believed to be unlawfully held by him, and may, for that purpose, use such force as may be necessary to effect such stoppage, search or seizure, as the case may be. **5. Power of search to include powers to break open locks, etc.—Every person making a search** under this Act shall have the power to break open the lock of any door, almirah, safe, box, cupboard, drawer, package or other thing, if the key thereof is withheld. **6. Arrested persons and seized property to be made over to the police.—Any person arrested and** taken into custody under this Act and every property, arms, ammunition or explosive substance or any vehicle or vessel seized under this Act, shall be made over to the officer-in-charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest, or as the case may be, occasioning the seizure of such property, arms, ammunition or explosive substance or any vehicle or vessel, as the case may be. **7. Protection of persons acting in good faith under this Act.—No prosecution, suit or other legal** proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act. **8. Repeal and saving.—(1) The Armed Forces (Jammu and Kashmir) Special Powers Ordinance,** 1990 (Ord. 3 of 1990), 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. -----

12-Sep-1990

25

The Prasar Bharati (Broadcasting Corporation of India) Act, 1990

https://www.indiacode.nic.in/bitstream/123456789/1959/3/A1990-25.pdf

central

# THE PRASAR BHARATI (BROADCASTINGCORPORATION OF INDIA) ACT, 1990 ____________ ARRANGEMENT OF SECTIONS _____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) 3. Establishment and composition of Corporation. 4. Appointment of Chairman and other Members. 5. Powers and functions of Executive Member. 6. Term of office, conditions of service, etc., of Chairman and other Members. 7. Removal and suspension of Chairman and Members. 8. Meetings of Board. 9. Officers and other employees of Corporation. 10. Establishment of Recruitment Boards. 11. Status of officers and employees. 11A. Section 11 not to apply to certain officers and employees. 11B. Transfer of posts of Akashvani and Doordarshan to Corporation. 12. Functions and powers of Corporation. 13. Parliamentary Committee. 14. Establishment of Broadcasting Council, term of office and removal, etc., of members thereof. 15. Jurisdiction of, and the procedure to be followed by, Broadcasting Council. CHAPTER III ASSETS, FINANCES AND ACCOUNTS 16. Transfer of certain assets, liabilities, etc., of Central Government to Corporation. 17. Grants, etc., by Central Government. 18. Fund of Corporation. 19. Investment of moneys. 20. Annual Financial Statement of the Corporation. 21. Accounts and audit of Corporation. 22. [Omitted.]. CHAPTER IV MISCELLANEOUS 23. Power of Central Government to give directions. 24. Power of Central Government to obtain information. 25. Report to Parliament in certain matters and recommendations as to action against the Board. 26. Office of member not to disqualify a Member of Parliament. 27. Chairman, Members, etc., to be public servants. 1 ----- SECTIONS 28. Protection of action taken in good faith. 29. Authentication of orders and other instruments of Corporation. 30. Delegation of powers. 31. Annual report. 32. Power to make rules. 33. Power to make regulations. 34. Rules and regulations to be laid before Parliament. 35. Power to remove difficulties. 2 ----- # THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ACT, 1990 ACT NO. 25 OF 1990 [12th September, 1990.] # An Act to provide for the establishment of a Broadcasting Corporation for India, to be known as Prasar Bharati, to define its composition, functions and powers and to provide for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-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 Prasar Bharati** (Broadcasting Corporation of India) Act, 1990. (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, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “Akashvani” means the offices, stations and other establishments, by whatever name called, which, immediately before the appointed day, formed part of or were under the Director-General, All India Radio of the Union Ministry of Information and Broadcasting; (b) “appointed day” means the date appointed under section 3; (c) “broadcasting” means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro-magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly; (d) “Board” means the Prasar Bharati Board; (e) “Broadcasting Council” means the Council established under section 14; (f) “Chairman” means the Chairman of the Corporation appointed under section 4; (g) “Corporation” means the Prasar Bharati (Broadcasting Corporation of India) established under section 3; (h) “Doordarshan” means the offices, kendras and other establishments, by whatever name called, which, immediately before the appointed day, formed part of or were under the Directorate-General, Doordarshan of the Union Ministry of Information and Broadcasting; (i) “elected Member” means a Member elected under section 3; (j) “Executive Member” means the Executive Member appointed under section 4; (k) “kendra” means any telecasting centre with studios or transmitters or both and includes a relay station; (l) “Member” means a Member of the Board; (m) “Member (Finance)” means the Member (Finance) appointed under section 4; (n) “Member (Personnel)” means the Member (Personnel) appointed under section 4; (o) “Nominated Member” means the Member nominated by the Union Ministry of Information and Broadcasting under section 3; 1. 15th September, 1997, vide notification No. S.O. 509(E), dated 22nd July, 1997, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3 ----- (p) “Non-lapsable Fund” means the Fund created from the commercial revenues of Akashvani and Doordarshan to meet expenditure on certain schemes; (q) “notification” means a notification published in the Official Gazette; (r) “Part-time Member” means a Part-time Member of the Board appointed under section 4, but does not include an ex officio Member, the Nominated Member or an elected Member; (s) “prescribed” means prescribed by rules made under this Act; (t) “Recruitment Board” means a board established under sub-section (1) of section 10; (u) “regulations” means regulations made by the Corporation under this Act; (v) “station” means any broadcasting station with studios or transmitters or both and includes a relay station; (w) “Whole-time Member” means the Executive Member, Member (Finance) or Member (Personnel); (x) “year” means the financial year. CHAPTER II PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) **3. Establishment and composition of Corporation.—(1)With effect from such date as the Central** Government may by notification appointin this behalf, there shall be established for the purposes of this Act aCorporation, to be known as the Prasar Bharati (Broadcasting Corporation ofIndia). (2) The Corporation shall be a body corporate by the nameaforesaid, having perpetual succession and a common seal with power to acquire,hold and dispose of property, both movable and immovable, and to contract, andshall by the said name sue and be sued. (3) The headquarters of the Corporation shall be at NewDelhi and the Corporation may establish offices, kendras or stations at otherplaces in India and, with the previous approval of the Central Government,outside India. (4) The general superintendence, direction and managementof the affairs of the Corporation shall vest in the Prasar Bharati Board whichmay exercise all such powers and do all such acts and things as may be exercisedor done by the Corporation under this Act. (5) The Board shall consist of— (a) a Chairman; (b) oneExecutive Member; (c) one Member(Finance); (d) one Member(Personnel); (e) six Part-time Members; (f) Director-General(Akashvani), ex officio; (g) Director-General (Doordarshan), ex officio; (h) onerepresentative of the Union Ministry of Information and Broadcasting, to be nominated by that Ministry; and (i) tworepresentatives of the employees of the Corporation, of whom one shall beelected by the engineering staff from amongst themselves and one shall beelected by the other employees from amongst themselves. (6) The Corporation may appoint such committees as may benecessary for the efficient performance, exercise and discharge of its functions, powers and duties: 4 ----- Provided that all or a majority of the members of eachcommittee shall be Members and a member of any such committee who is not aMember shall have only the right to attend meetings of the committee and takepart in the proceedings thereof, but shall not have the right to vote. (7) The Corporation may associate with itself, in suchmanner and for such purposes as may be provided by regulations, any person whoseassistance or advice it may need in complying with any of the provisions of thisAct and a person so associated shall have the right to take part in thediscussions of the Board relevant to the purposes of which he has beenassociated, but shall not have the right to vote. (8) No act or proceeding of the Board or of any committeeappointed by it 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 aMember or a member of such committee;or (c) any irregularity in the procedure of the Board or suchcommittee not affecting the merits of the case. **4. Appointment of Chairman and other Members.—(1) The Chairman and the other Members,** except the ex officio Members, the Nominated Member and the elected Members shall be appointed by the President of India on the recommendation of a committee consisting of— (a) the Chairman of the Council of States, who shall be the Chairman of the Committee; (b) the Chairman of the Press Council of India established under section 4 of the Press Council Act, 1978(37 of 1978); and (c) one nominee of the President of India. (2) No appointment of a Member shall be invalidated merely by reason of any vacancy in, or any defect in the constitution of, the committee appointed under sub-section (1). (3) The Chairman and the Part-time Members shall be persons of eminence in public life; the Executive Member shall be a person having special knowledge or practical experience in respect of such matters as administration, management, broadcasting, education, literature, culture, arts, music, dramatics or journalism; the Member (Finance) shall be a person having special knowledge or practical experience in respect of financial matters and the Member (Personnel) shall be a person having special knowledge or practical experience in respect of personnel management and administration. (4) The recommendations made by the committee constituted under sub-section (1) shall be binding for the purposes of appointment under this section. **5. Powers and functions of Executive Member.—TheExecutive Member shall be the Chief** Executive of the Corporation and shall,subject to the control and supervision of the Board, exercise such powers anddischarge such functions of the Board as it may delegate to him. **6. Term of office, conditions of service, etc., of Chairman and other Members.—[1][(1) The** Chairman shall be Part-time Member and shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier: Provided that any person holding office as a Chairman immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008) shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Chairman and shall not be entitled to any compensation because of his ceasing to hold such office.] (2) [1]*** the Member (Finance) and the Member (Personnel) shall be Whole-time Members and every such Member shall hold office for a term of six years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier. 1.Subs. by Act 12 of 2008, s.2,for sub-section (1) (w.e.f .7-2-2008). 5 ----- 2[(2A) The Executive Member shall be a Whole-time Member and shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier: Provided that any person holding office as an Executive Member immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008), shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Executive Member and shall not be entitled to any compensation because of his ceasing to hold such office.] (3) The term of office of Part-time Members shall be six years, but one-third of such Members shall retire on the expiration of every second year. (4) The term of office of an elected Member shall be two years or till he ceases to be an employee of the Corporation, whichever is earlier. (5) As soon as may be after the establishment of the Corporation, the President of India may, by order, make such provision as he thinks fit for curtailing the term of office of some of the Part-time Members then appointed in order that one-third of the Members holding office as such Part-time Members shall retire in every second year thereafter. (6) Where before the expiry of the term of office of a person holding the office of Chairman, or any other Member, a vacancy arises, for any reason whatsoever, such vacancy shall be deemed to be a casual vacancy and the person appointed or elected to fill such vacancy shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen. (7) The Whole-time Members shall be the employees of the Corporation and as such shall be entitled to such salaries and allowances and shall be subject to such conditions of service in respect of leave, pension (if any), provident fund and other matters as may be prescribed: Provided that the salaries and allowances and the conditions of service shall not be varied to their disadvantage after their appointment. (8) The Chairman and Part-time Members shall be entitled to such allowances as may be prescribed. **7. Removal and suspension of Chairman and Members.—(1)Subject to the provisions of** sub-section (3), the Chairman or any other Member,except an ex officio Member, the Nominated Member and an elected Member, shallonly be removed from his office by order of the President of India on the groundof misbehavior after the Supreme Court, on a reference being made to it by thePresident, has, on inquiry held in accordance with such procedure as the SupremeCourt may by rules provide, reported that the Chairman or such other Member, asthe case may be, ought, on such ground, be removed. (2) ThePresident may suspend from office the Chairman or other Member except an _exofficio_ Member, the Nominated Member or an elected Member, in respect of whom areference has been made to the Supreme Court under sub-section (1) until thePresident has passed orders on receipt of the report of the Supreme Court onsuch reference. (3)Notwithstanding anything contained in sub-section (1), the President may, byorder, remove the Chairman or any Whole-time Member from his office if suchChairman or such Whole-time Member— (a) ceases to be a citizen of India; or (b) is adjudged an insolvent; or (c) engages during his term of office in any paidemployment outside the duties of his office; or (d) is convicted of any offence involving moral turpitude;or (e) is, in the opinion of the President, unfit to continuein office by reason of infirmity of body or mind: 1. Words “The Executive Member,” omitted by Act 12 of 2008, s. 2 (w.e.f. 7-2-2008). 2. Ins. by s. 2, ibid. (w.e.f. 7-2-2008). 6 ----- Provided that the President may, by order, remove anyPart-time Member from his office if he is adjudged an insolvent or is convictedof any offence involving moral turpitude or where he is, in the opinion of thePresident, unfit to continue in office by reason of infirmity of body or mind. (4) If the Chairman or any Whole-time Member, except any _exofficio Member, the Nominated_ Member or any elected Member, is, or becomes in anyway concerned or interested in any contract or agreement made by or on behalf ofthe Corporation or the Government of India or the Government of a State or,participates in any way in the profit thereof, or in any benefit or emolumentarising therefrom than as a member, and in common with other members of anincorporated company, he shall, for the purposes of sub-section (1), be deemedto be guilty of misbehaviour. (5) If a Part-time Member is, or becomes in any wayconcerned, or interested in any contract or agreement made by or on behalf of theCorporation, he shall, for the purposes of sub-section (1), be deemed to beguilty of misbehaviour. (6) The Chairman or any other Member may resign his officeby giving notice thereof in writing to the President of India and on suchresignation being accepted, the Chairman or other Member shall be deemed to havevacated his office. **8. Meetings of Board.—(1) 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: Provided that there shall not be less than six meetings every year but three months shall not intervene between one meeting and the next meeting. (2) A Member shall be deemed to have vacated his office if he absents himself for three consecutive meetings of the Board without the leave of the Chairman. (3) The Chairman shall preside at the meetings of the Board and if for any reason he is unable to attend any meeting, the Executive Member and in the absence of both, any other Member elected by the Members present at such meeting, shall preside at the meeting. (4) All questions which come up before any meeting of the Board shall be decided by a majority of the votes of the Members present and voting and, in the event of an equality of votes, the Chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote. **9. Officers and other employees of Corporation.—(1) Subject to such control, restrictions and** conditions as may be prescribed, the Corporation may appoint, after consultation with the Recruitment Board, the Director-General (Akashvani), the Director-General (Doordarshan) and such other officers and other employees as may be necessary. (2) The method of recruitment of such officers and employees and all other matters connected therewith and the conditions of service of such officers and other employees shall be such as may be provided by regulations. **10. Establishment of Recruitment Boards.—(1) the Corporation shall, as soon as may be, after the** appointed day and in such manner and subject to such conditions and restrictions as may be prescribed, establish for the purposes of section 9, one or more Recruitment Boards consisting wholly of persons other than the Members, officers and other employees of the Corporation: Provided that for the purposes of appointment to the posts carrying scales of pay which are not less than that of a Joint Secretary to the Central Government, the Recruitment Board shall consist of the Chairman, other Members, the ex officio Members, the Nominated Member and the elected Members. (2) The qualifications and other conditions of service of the members constituting the Recruitment Board and the period for which such members shall hold office, shall be such as may be prescribed. 1[11. Status of officers and employees.—(1) All officers and employees recruited for the purposes of Akashvani or Doordarshan before the appointed day and in service in the Corporation as on the 1st day of 1. Subs. by Act 6 of 2012, s. 2, for section 11 (w.e.f. 8-3-2012). 7 ----- April, 2000, shall be on deemed deputation to the Corporation with effect from the 1st day of April, 2000, and shall so continue till their retirement. (2) All officers and employees recruited during the period on or after the appointed day till the 5th day of October, 2007, shall be on deemed deputation to the Corporation with effect from the 1st day of April, 2000 or the date of their joining service in the Corporation, whichever is later and until their retirement. _Explanation.—For the purposes of sub-sections (1) and (2), “officers and employees recruited” means_ officers and employees recruited either under the proviso to article 309 of the Constitution or in accordance with the regulations made under the Act, but shall not include persons engaged or appointed on daily wages, casual, ad hoc or work charged basis. (3) The officers and employees referred to in sub-section (1) and sub-section (2) shall be entitled to the pay and all other benefits as admissible to an employee of the Central Government: Provided that such officers and employees shall not be entitled to any deputation allowance. (4) Notwithstanding anything contained in any other law for the time being in force, the Corporation shall have the disciplinary and supervisory powers and full control on the officers and employees referred to in sub-section (1) and sub-section (2), including the power to transfer them from one place, post or media to another, and to suspend, initiate disciplinary proceedings and impose major or minor penalties: Provided that the power to impose major penalties of compulsory retirement, removal or dismissal from service shall be exercised by the Central Government. (5) All officers and employees recruited after the 5th day of October, 2007 shall be officers and employees of the Corporation and shall be governed by such conditions of service as may be specified in the regulations. **11A. Section 11 not to apply to certain officers and employees.—(1) The provisions of section 11** shall not apply to officers and employees of the Indian Information Service, the Central Secretariat Service or any other service borne on any cadre outside Akashvani or Doordarshan, who have been working in Akashvani or Doordarshan before the appointed day or in service in the Corporation after that day. (2) The terms and conditions of service in the Corporation of officers and employees referred to in sub-section (1) shall be such as may be prescribed. **11B. Transfer of posts of Akashvani and Doordarshan to Corporation.—(1) All posts in the** erstwhile Akashvani and Doordarshan other than the posts borne on the strength of the cadres referred to insub-section (2) shall be deemed to have been transferred to the Corporation with effect from the 1st day of April, 2000. (2) All matters relating to the posts borne on the strength of the cadres of the Indian Information Service, the Central Secretariat Service or any other cadre outside Akashvani or Doordarshan, in so far as such posts are concerned with the Corporation, shall be determined in such manner and on such terms and conditions as may be prescribed.] **12. Functions and powers of Corporation.—(1) Subject to the provisions of this Act, it shall be the** primary duty of the Corporation to organise and conduct public broadcasting services to inform, educate and entertain the public and to ensure a balanced development of broadcasting on radio and television. _Explanation.—For the removal of doubts, it is hereby declared that the provisions of this section shall_ be in addition to, and not in derogation of, the provisions of the Indian Telegraph Act, 1885(13 of 1985). 8 ----- (2) The Corporation shall, in the discharge of its functions, be guided by the following objectives, namely:— (a) upholding the unity and integrity of the country and the values enshrined in the Constitution; (b) safeguarding the citizen’s right to be informed freely, truthfully and objectively on all matters of public interest, national or international, and presenting a fair and balanced flow of information including contrasting views without advocating any opinion or ideology of its own; (c) paying special attention to the fields of education and spread of literacy, agriculture, rural development, environment, health and family welfare and science and technology; (d) providing adequate coverage to the diverse cultures and languages of the various regions of the country by broadcasting appropriate programmes; (e) providing adequate coverage to sports and games so as to encourage healthy competition and the spirit of sportsmanship; (f) providing appropriate programmes keeping in view the special needs of the youth; (g) informing and stimulating the national consciousness in regard to the status and problems of women and paying special attention to the upliftment of women; (h) promoting social justice and combating exploitation, inequality and such evils as untouchability and advancing the welfare of the weaker sections of the society; (i) safeguarding the rights of the working classes and advancing their welfare; (j) serving the rural and weaker sections of the people and those residing in border regions, backward or remote areas; (k) providing suitable programmes keeping in view the special needs of the minorities and tribal communities; (l) taking special steps to protect the interests of children, the blind, the aged, the handicapped and other vulnerable sections of the people; (m) promoting national integration by broadcasting in a manner that facilitates communication in the languages in India; and facilitating the distribution of regional broadcasting services in every State in the languages of that State; (n) providing comprehensive broadcast coverage through the choice of appropriate technology and the best utilisation of the broadcast frequencies available and ensuring high quality reception; (o) promoting research and development activities in order to ensure that radio and television broadcast technology are constantly updated; and (p) expanding broadcasting facilities by establishing additional channels of transmission at various levels. (3) In particular, and without prejudice to the generality of the foregoing provisions, the Corporation may take such steps as it thinks fit— (a) to ensure that broadcasting is conducted as a public service to provide and produce programmes; (b) to establish a system for the gathering of news for radio and television; (c) to negotiate for purchase of, or otherwise acquire, programmes and rights or privileges in respect of sports and other events, films, serials, occasions, meetings, functions or incidents of public interest, for broadcasting and to establish procedures for the allocation of such programmes, rights or privileges to the services; (d) to establish and maintain a library or libraries of radio, television and other materials; 9 ----- (e) to conduct or commission, from time to time, programmes, audience research, market or technical service, which may be released to such persons and in such manner and subject to such terms and conditions as the Corporation may think fit; (f) to provide such other services as may be specified by regulations. (4) Nothing in sub-sections (2) and (3) shall prevent the Corporation from managing on behalf of the Central Government and in accordance with such terms and conditions as may be specified by that Government the broadcasting of External Services and monitoring of broadcasts made by organisations outside India on the basis of arrangements made for reimbursement of expenses by the Central Government. (5) For the purposes of ensuring that adequate time is made available for the promotion of the objectives set out in this section, the Central Governmentshall have the power to determine the maximum limit of broadcast time in respect of the advertisement. (6) The Corporation shall be subject to no civil liability on the ground merely that it failed to comply with any of the provisions of this section. (7) The Corporation shall have power to determine and levy fees and other service charges for or in respect of the advertisements and such programmes as may be specified by regulations: Provided that the fees and other service charges levied and collected under this sub-section shall not exceed such limits as may be determined by the Central Government, from time to time. **13. Parliamentary Committee.—(1) There shall be constituted a Committee consisting of** twenty-two Members of Parliament, of whom fifteen from the House of the People to be elected by the Members thereof and seven from the Council of States to be elected by the Members thereof in accordance with the system of proportional representation by means of the single transferable vote, to oversee that the Corporation discharges its functions in accordance with the provisions of this Act and, in particular, the objectives set out in section 12 and submit a report thereon to Parliament. (2) The Committee shall function in accordance with such rules as may be made by the Speaker of the House of the People. **14. Establishment of Broadcasting Council, term of office and removal, etc., of members** **thereof.—(1) There shall be established, by notification, as soon as may be after the appointed day, a** Council, to be known as the Broadcasting Council, to receive and consider complaints referred to in section 15 and to advise the Corporation in the discharge of its functions in accordance with the objectives set out in section 12. (2) The Broadcasting Council shall consist of— (i) a President and ten other members to be appointed by the President of India from amongst persons of eminence in public life; (ii) four Members of Parliament, of whom two from the House of the People to be nominated by the Speaker thereof and two from the Council of States to be nominated by the Chairman thereof. (3) The President of the Broadcasting Council shall be a whole-time member and every other member shall be a part-time member and the President or the part-time member shall hold office as such for a term of three years from the date on which he enters upon his office. (4) The Broadcasting Council may constitute such number of Regional Councils as it may deem necessary to aid and assist the Council in the discharge of its functions. (5) The President of the Broadcasting Council shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension (if any), provident fund and other matters as may be prescribed: Provided that the salary and allowances and the conditions of service shall not be varied to the disadvantage of the President of the Broadcasting Council after his appointment. 10 ----- (6) The other members of the Broadcasting Council and the members of the Regional Councils constituted under sub-section (4) shall be entitled to such allowances as may be prescribed. **15. Jurisdiction of, and the procedure to be followed by, Broadcasting Council.—(1) The** Broadcasting Council shall receive and consider complaints from— (i) any person or group of persons alleging that a certain programme or broadcast or the functioning of the Corporation in specific cases or in general is not in accordance with the objectives for which the Corporation is established; (ii) any person (other than an officer or employee of the Corporation) claiming himself to have been treated unjustly or unfairly in any manner (including unwarranted invasion of privacy, misrepresentation, distortion or lack of objectivity) in connection with any programme broadcast by the Corporation. (2) A complaint under sub-section (1) shall be made in such manner and within such period as may be specified by regulations. (3) The Broadcasting Council shall follow such procedure as it thinks fit for the disposal of complaints received by it. (4) If the complaint is found to be justified either wholly or in part, the Broadcasting Council shall advise the Executive Member to take appropriate action. (5) If the Executive Member is unable to accept the recommendation of the Broadcasting Council, he shall place such recommendation before the Board for its decision thereon. (6) If the Board is also unable to accept the recommendation of the Broadcasting Council, it shall record its reasons therefor and inform the Broadcasting Council accordingly. (7) Notwithstanding anything contained in sub-sections (5) and (6), where the Broadcasting Council deems it appropriate, it may, for reasons to be recorded in writing, require the Corporation to broadcast its recommendations with respect to a complaint in such manner as the Council may deem fit. CHAPTER III ASSETS, FINANCES AND ACCOUNTS **16. Transfer of certain assets, liabilities, etc., of Central Government to Corporation.—As from** the appointed day,— (a) all property and assets (including the Non-lapsable Fund) which immediately before that day vested in the Central Government for the purpose of Akashvani or Doordarshan or both shall stand transferred to the Corporation on such terms and conditions as may be determined by the Central Government and the book value of all such property and assets shall be treated as the capital provided by the Central Government to the Corporation; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Central Government immediately before such day for or in connection with the purposes of Akashvani or Doordarshan or both shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Corporation; (c) all sums of money due to the Central Government in relation to the Akashvani or Doordarshan or both immediately before such day shall be deemed to be due to the Corporation; (d) all suits and other legal proceedings instituted or which could have been instituted by or against the Central Government immediately before such day for any matter in relation to the Akashvani or Doordarshan or both may be continued or instituted by or against the Corporation. 11 ----- **17. Grants, etc., by Central Government.—For the purposes of enabling the Corporation 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 Corporation in each financial year,— (i) the proceeds of the broadcast receiver licence fees, if any, as reduced by the collection charges; and (ii) such other sums of money as that Government considers necessary, by way of equity, grant-in-aid or loan. **18. Fund of Corporation.—(1) The Corporation shall have its own Fund and all the receipts of the** Corporation (including the amounts which stand transferred to the Corporation under section 16) shall be credited to the Fund and all payments by the Corporation shall be made therefrom. (2) All moneys belonging to the Fund shall be deposited in one or more nationalised banks in such manner as the Corporation may decide. (3) The Corporation 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 Corporation. _Explanation.—For the purposes of this section, “nationalised bank” means a corresponding new bank_ specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970(5 of 1970) or a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980(40 of 1980). **19. Investment of moneys.—The Corporation may invest its moneys in the securities of the Central** Government or any State Government or in such other manner as may be prescribed. **20. Annual Financial Statement of the Corporation.—(1) The Corporation shall prepare, in each** financial year, an Annual Financial Statement for the next financial year showing separately— (a) the expenditure which is proposed to be met from the internal resources of the Corporation; and (b) the sums required from the Central Government to meet other expenses, and distinguishing— (i) revenue expenditure from other expenditure; and (ii) non-plan expenditure from plan expenditure. (2) The Annual Financial Statement shall be prepared in such form and forwarded at such time to the Central Government for its approval as may be agreed to by that Government and the Corporation. **21. Accounts and audit of Corporation.—(1) The Corporation shall maintain proper accounts and** other relevant records and prepare an annual statement of accounts in such form and in such manner as may be prescribed. (2) The accounts of the Corporation 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 Corporation to the Comptroller and Auditor-General. (3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Corporation 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 Corporation. (4) The accounts of the Corporation 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. 12 ----- **22. [Corporation not liable to be taxed.] Omitted by Act 20 of 2002, s. 163 (w.e.f.1-4-2003).** CHAPTER IV MISCELLANEOUS **23. Power of Central Government to give directions.—(1) The Central Government may, from** time to time as and when occasion arises, issue to the Corporation such directions as it may think necessary in the interests of the sovereignty, unity and integrity of India or the security of the State or preservation of public order requiring it not to make a broadcast on a matter specified in the direction or to make a broadcast on any matter of public importance specified in the direction. (2) Where the Corporation makes a broadcast in pursuance of the direction issued under sub-section (1), the fact that such broadcast has been made in pursuance of such direction may also be announced along with such broadcast, if the Corporation so desires. (3) A copy of every direction issued under sub-section (1) shall be laid before each House of Parliament. **24. Power of Central Government to obtain information.—The Central Government may require** the Corporation to furnish such information as that Government may consider necessary. **25. Report to Parliament in certain matters and recommendations as to action against the** **Board.—(1)Where the Board persistently makes default in complying with any directionsissued under** section 23 or fails to supply the information required undersection 24, the Central Government may prepare a report thereof and lay itbefore each House of Parliament for any recommendation thereof as to any action(including supersession of the Board) which may be taken against the Board. (2)On the recommendation of the Parliament, the President may by notificationsupersede the Board for such period not exceeding six months as may be specifiedin the notification: Provided that before issuing thenotification under this sub-section, the President shall give a reasonableopportunity to the Board to show cause as to why it should not be superseded andshall consider the explanations and objections, if any, of the Board. (3)Upon the publication of the notification under sub-section (2),— (a)allthe Members shall, as from the date of supersession, vacate their offices as such; (b)allthe powers, functions and duties which may, by or under the provisions of thisAct be exercised or discharged by or on behalf of the Board, shall, until theBoard is reconstituted under this Act, be exercised and discharged by suchperson or persons as the President may direct. (4) On the expiration of the period of supersession specified in the notificationissued under sub-section (2), the President may reconstitute the Board by freshappointments, and in such a case any person who had vacated his office underclause (a) of sub-section (3) shall not be disqualified for appointment: Provided that the President may, at any time before theexpiration of the period of supersession, take action under this sub-section. (5)The Central Government shall cause the notification issued under sub-section (2)and a full report of the action taken under this section to be laid before eachHouse of Parliament. **26. Office of member not to disqualify a Member of Parliament.—It is hereby declared that the** office of the member of the Broadcasting Council or of the Committee constituted under section 13 shall not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament. **27.Chairman, Members, etc., to be public servants.—The Chairman and every other Member,** every officer or other employee of the Corporation and every member of a Committee thereof, the President and every member of the Broadcasting Council or every member of a Regional Council or a Recruitment Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code(45 of 1860). 13 ----- **28. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the** Corporation,the Chairman or any Member or officer or other employee thereof or the President or a member of the Broadcasting Council or a member of a Regional Council or a Recruitment Board for anything which is in good faith done or intended to be done in pursuance of this Act or of any rules on regulations made thereunder. **29. Authentication of orders and other instruments of Corporation.—All orders and decisions of** the Corporation shall be authenticated by the signature of the Chairman or any other Member authorised by the Corporation in this behalf and all other instruments executed by the Corporation shall be authenticated by the signature of the Executive Member or by any officer of the Corporation authorised by him in this behalf. **30. Delegation of powers.—The Corporation may, by general or special order, delegate to the** Chairman or any other Member or to any officer of the Corporation, subject to such conditions and limitations, if any, as may be specified therein, such of its powers and duties under this Act as it may deem fit. **31. Annual report.—(1) The Corporation shall prepare once in every calendar year, in such form** and within such time as may be prescribed, an annual report giving a full account of its activities (including the recommendations and suggestions made by the Broadcasting Council and the action taken thereon) during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament. (2) The Broadcasting Council shall prepare once in every calendar year, in such form and within such time as may be prescribed, an annual report giving a full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before each House of Parliament. **32. 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 salaries and allowances and conditions of service in respect of leave, pension (if any), provident fund and other matters in relation to the Whole-time Members under sub-section (7) of section 6; (b) the allowances payable to the Chairman and Part-time Members under sub-section (8) of section 6; (c) the control, restrictions and conditions subject to which the Corporation may appoint officers and other employees under sub-section (1) of section 9; (d) the manner in which and the conditions and restrictions subject to which a Recruitment Board may be established under sub-section (1) of section 10; (e) the qualifications and other conditions of service of the members of a Recruitment Board and their period of office under sub-section (2) of section 10; 1[(f) the terms and conditions of service in the Corporation of officers and employees under sub-section (2) of section 11A; (ff) the manner and the terms and conditions subject to which matters relating to the posts borne on the strength of the cadres of the Indian Information Service, the Central Secretariat Service or any other cadre outside Akashvani or Doordarshan shall be determined under sub-section (2) of section 11B;] 1. Subs. by Act 6 of 2012, s. 3, for clause (f) (w.e.f. 8-3-2012). 14 ----- (g) the salary and allowances and conditions of service in respect of leave, pension (if any), provident fund and other matters in relation to the President of the Broadcasting Council under sub-section (5) of section 14; (h) the allowances payable to other members of the Broadcasting Council and the members of the Regional Councils, under sub-section (6) of section 14; (i) the manner in which the Corporation may invest its moneys under section 19; (j) the form and the manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 21; (k) the form in which, and the time within which the Corporation and the Broadcasting Council shall prepare their annual report under section 31; (l) any other matter which is required to be, or may be, prescribed. **33. Power to make regulations.—(1) The Corporation may, by notification, make regulations not** inconsistent with this Act and the rules made thereunder for enabling it to perform 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 Corporation may associate with itself any person under sub-section (7) of section 3; (b) the times and places at which meetings of the Board shall be held and, the procedure to be followed thereat, and the quorum necessary for the transaction of the business at a meeting of the Board under sub-section (1) of section 8; (c) the methods of recruitment and conditions of service of officers and other employees of the Corporation under sub-section (2) of section 9; 1[(d) the conditions of service of officers and employees under sub-section (5) of section 11;] 2* - - - (f) the services which may be provided by the Corporation under clause (f) of sub-section (3) of section 12; (g) the determination and levy of fees and other service charges in respect of advertisements and other programmes under sub-section (7) of section 12; (h) the manner in which and the period within which complaints may be made under sub-section (2) of section 15; (i) any other matter in respect of which provision is, in the opinion of the Corporation, necessary for the performance of its functions under this Act: Provided that the regulations under clause (c) or clause (d) shall be made only with the prior approval of the Central Government. **34. Rules and regulations to be laid before Parliament.—Every rule and every regulation made** under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 1. Subs. by Act 6 of 2012, s. 4, for clause (d) (w.e.f. 8-3-2012). 2. Clause (e) omitted by s. 4, ibid. (w.e.f. 8-3-2012). 15 ----- modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. **35. 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 it may deem 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. 16 -----

22-Jan-1991

06

The Public Liability Insurance Act, 1991

https://www.indiacode.nic.in/bitstream/123456789/1960/5/A1991-06.pdf

central

# THE PUBLIC LIABILITY INSURANCE ACT, 1991 ________ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Short title and commencement. 2. Definitions. 3. Liability to give relief in certain cases on principle of no fault. 4. Duty of owner to take out insurance policies. 5. Verification and publication of accident by Collector. 6. Application for claim for relief. 7. Award of relief. 7A. Establishment of Environmental Relief Fund. 8. Provisions as to other right to claim compensation for death, etc. 9. Power to call for information. 10. Power of entry and inspection. 11. Power of search and seizure. 12. Power to give directions. 13. Power to make application to Courts for restraining owner from handling hazardous substances. 14. Penalty for contravention. 15. Penalty for non-compliance of directions. 15A. Adjudicating officer. 15B. Appeal. 16. [Omitted.]. 17. Penalty for contravention by Government Department. 17A. Penalty amount to be credited to Environmental Relief Fund. 17B. Offence for failure to pay penalty or additional penalty. 18. Cognizance of offences. 19. Power to delegate. 20. Protection of action taken in good faith. 21. Advisory Committee. 22. Effect of other laws. 23. Power to make rules. # THE SCHEDULE.—[Omitted.]. 1 ----- # THE PUBLIC LIABILITY INSURANCE ACT, 1991 ACT NO. 6 OF 1991 [22nd January, 1991.] # An Act to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-first Year of The Republic of India as follows:— **1. Short title and commencement.—(1) This Act may be called the Public Liability Insurance Act,** 1991. (2) It shall come into force on such date[1] as the Central Government may, by notification, appoint. **2. Definitions.—In this Act, unless the context otherwise requires,—** 2[(a) “accident” means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property but does not include an accident by reason only of war or radio-activity;] (b) “Collector” means the Collector having jurisdiction over the area in which the accident occurs; (c) “handling”, in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance; (d) “hazardous substance” means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as may be specified, by notification, by the Central Government; (e) “insurance” means insurance against liability under sub-section (1) of section 3; (f) “notification” means a notification published in the official Gazette; 3[(g) “owner” means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes,— (i) in the case of firm, any of its partners; (ii) in the case of an association, any of its members; and (iii) in the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to, the company for the conduct of the business of the company;] (h) “prescribed” means prescribed by rules made under this Act; 4[(ha) “property” includes any private property or public property affected or damaged by any unit or undertaking, due to manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, transfer or such other processes of hazardous substance;] 5[ 6[(hb)] “Relief Fund” means the Environmental Relief Fund established under section 7A]; (i) “rules” means rules made under this Act; 1. 1st April, 1991, vide notification No. G.S.R 253, dated 27th March, 1991, see Gazette of India Ordinary, Part II sec. 3(i). 2. Subs. by Act 11 of 1992, s. 2, for clause (a) (w.e.f. 31-1-1992). 3. Subs. by s. 2, ibid., for clause (g) (w.e.f. 31-1-1992). 4. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f 1-4-2024). 5. Ins. by Act 11 of 1992, s. 2, (w.e.f. 31-1-1992). 6. Clause (ha) shall be renumbered as clause (hb) thereof by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 2 ----- (j) “vehicle” means any mode of surface transport other than railways. 1[(k) words and expressions used and not defined in this Act but defined in the Transfer of Property Act, 1882 (4 of 1882), and the Environment (Protection) Act,1986 (29 of 1986), shall have the meanings respectively assigned to them in those Acts.] **3. Liability to give relief in certain cases on principle of no fault.—** [2][(1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to reimburse such amount, or provide such other relief as may be prescribed, for— (a) death due to fatal accident; (b) medical expenses incurred due to total or partial disability; (c) loss of wages due to partial disability; (d) other injury or sickness; (e) damage to private property; or (f) such other loss or damage, as may be prescribed.] (2) In any claim for relief under sub-section (1) (hereinafter referred to in this Act as claim for relief), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person. _Explanation.—For the purposes of this section,—_ (i) “workman” has the meaning assigned to it in the Workmen’s Compensation Act, 1923 (8 of 1923); (ii) “injury” includes permanent total or permanent partial disability or sickness resulting out of an accident. **4. Duty of owner to take out insurance policies.—[2][(1) Every owner of any undertaking shall take** out, before he starts handling any hazardous substance, one or more insurance policies for such undertaking or unit providing for contracts of insurance whereby he is insured against liability to give such relief or reimburse such amount referred to in sub-section (1) of section 3. _Explanation.—For the purposes of this sub-section, it is hereby clarified that any undertaking having_ separate consent to operate under— (i) the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); and (ii) the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), shall be treated as a separate unit: Provided that any owner handling any hazardous substance immediately before the commencement of the Jan Vishwas (Amendment of Provisions) Act, 2023 shall take out such insurance policy or policies as soon as may be and in any case within a period of one year from commencement of that Act.] (2) Every owner shall get the insurance policy, referred to in sub-section (1), renewed from time to time before the expiry of the period of validity thereof so that the insurance policies may remain in force throughout the period during which such handling is continued. 3[ 4[(2A) An insurance policy taken out or renewed by an owner for any undertaking or unit shall be for an amount which shall not be less than the amount of the paid-up capital of that undertaking or unit handling any hazardous substance owned or controlled by that owner and may extend to such amount as may be prescribed but not exceeding five hundred crore rupees. 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 2. Subs. by s. 2 and Schedule, ibid., for sub-section (1) (w.e.f. 1-4-2024). 3. Ins. by Act 11 of 1992, s. 3 (w.e.f. 31-1-1992). 4. Subs. by Act 18 of 2013, s. 2 and Schedule (w.e.f. 1-4-2024). 3 ----- _Explanation.— For the purposes of this sub-section “paid-up capital”, in relation to an owner not_ being a company, means the market value of all assets and stocks of the undertaking on the date of contract of insurance.] (2B) The liability of the insurer under one assurance policy shall not exceed the amount specified in the terms of the contract of insurance in that insurance policy. (2C) Every owner shall also, together with the amount of premium, pay to the insurer, for being credited to the Relief Fund established under section 7A, such further amount, not exceeding the sum equivalent to the amount of premium, as may be prescribed. (2D) The insurer shall remit to the authority specified in sub-section (3) of section 7A the amount received from the owner under sub-section (2C) for being credited to the Relief Fund in such manner and within such period as may be prescribed and where the insurer fails to so remit the amount, it shall be recoverable from insurer as arrears of land revenue or of public demand.] (3) The Central Government may, by notification, exempt from the operation of sub-section (1) any owner, namely:— (a) the Central Government; (b) any State Government; (c) any corporation owned or controlled by the Central Government or a State Government; or (d) any local authority: Provided that no such order shall be made in relation to such owner unless a fund has been established and is maintained by that owner in accordance with the rules made in this behalf for meeting any liability under sub-section (1) of section 3. **5. Verification and publication of accident by Collector.—Whenever it comes to the notice of the** Collector that an accident has occurred at any place within his jurisdiction, he shall verify the occurrence of such accident and cause publicity to be given in such manner as he deems fit for inviting applications under sub-section (1) of section 6. **6. Application for claim for relief.—(1) An application for claim for relief may be made—** (a) by the person who has sustained the injury; (b) by the owner of the property to which the damage has been caused; (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be: Provided that where all the legal representatives of the deceased have not joined in any such application for relief, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application. 1[(1A) Where any damage has been caused to any public property or private property due to manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, transfer or such other processes, of such hazardous substance, an application for claim for restoration of the property may be made by the owner of the property or such other person, as may be prescribed, to the Collector.] (2) Every application under sub-section (1) shall be made to the Collector and shall be in such form, contain such particulars and shall be accompanied by such documents as may be prescribed. 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 4 ----- (3) No application for relief shall be entertained unless it is made within five years of the occurrence of the accident. **7. Award of relief.—(1) On receipt of an application under sub-section (1) of section 6, the Collector** shall, after giving notice of the application to the owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim or, each of the claims, and may make an award determining the amount of relief which appears to him to be just and specifying the person or persons to whom such amount of relief shall be paid. (2) The Collector shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. 1[(3) When an award is made under this section,— (a) the insurer, who is required to pay any amount in terms of such award and to the extent specified in sub-section (2B) of section 4, shall, within a period of thirty days of the date of announcement of the award, deposit that amount in such manner as the Collector may direct; (b) the Collector shall arrange to pay from the Relief Fund, in terms of such award and in accordance with the scheme made under section 7A, to the person or persons referred to in sub-section (1) such amount as may be specified in that scheme; (c) the owner shall, within such period, deposit such amount in such manner as the Collector may direct.] (4) In holding any inquiry under sub-section (1), the Collector may, subject to any rules made in this behalf, follow such summary procedure as he thinks fit. (5) The Collector shall have all the powers of Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Collector 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) Where the insurer or the owner against whom the award is made under sub-section (1) fails to deposit the amount of such award within the period specified under sub-section (3), such amount shall be recoverable from the owner, or as the case may be, the insurer as arrears of land revenue or of public demand. (7) A claim for relief in respect of death of, or injury to, any person or damage to any property shall be disposed of as expeditiously as possible and every endeavour shall be made to dispose of such claim within three months of the receipt of the application for relief under sub-section (1) of section 6. 2[(8) Where an owner is likely to remove or dispose of his property with the object of evading payment by him of any amount of award, the Collector may, in accordance with the provisions of rules 1 to 4 of Order XXXIX of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), grant a temporary injunction to restrain such act.] 3[(9) Where the environment is affected or damaged due to manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, transfer or such other processes, of such hazardouss substance, the Central Government may, on an application made by the Central Pollution Control Board or the State Pollution Control Board, as the case may be, allocate the fund from the Environmental Relief Fund for restoration of the damage so caused in the manner as may be prescribed.] 4[7A. Establishment of Environmental Relief Fund.—(1) The Central Government may, by notification, establish a fund to be known as the Environmental Relief Fund. 1. Subs. by Act 11 of 1992, s. 4, for sub-section (3) (w.e.f. 31-1-1992). 2. Ins. by s. 4, ibid. (w.e.f. 31-1-1992). 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 4. Ins. by Act 11 of 1992, s. 5, (w.e.f. 31-1-1992). 5 ----- 1[(1A) There shall be credited to the Relief Fund established under sub-section (1)— (a) the amount referred to in sub-section (2C) of section 4; (b) the amount of penalty imposed under this Act; (c) the interest or other income received out of investments made from the Fund; and (d) any other amount from such sources, as may be prescribed.] (2) The Relief Fund shall be utilised for paying, in accordance with the provisions of this Act and the scheme made under sub-section (3), relief under the award made by the Collector under section 7. (3) The Central Government may, by notification, make a scheme specifying the authority in which the Relief Fund shall vest, the manner in which the Relief Fund shall be administered, the form and the manner in which money shall be drawn from the Relief Fund and for all other matters connected with or incidental to the administration of the Relief Fund and the payment of relief therefrom.] **8. Provisions as to other right to claim compensation for death, etc.—(1) The right to claim relief** under sub-section (1) of section 3 in respect of death of, or injury to, any person or damage to any property shall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force. (2) Notwithstanding anything contained in sub-section (1), where in respect of death of, or injury to, any person or damage to any property, the owner, liable to give claim for relief, is also liable to pay compensation under any other law, the amount of such compensation shall be reduced by the amount of relief paid under this Act. **9. Power to call for information.—Any person authorised by the Central Government may, for the** purposes of ascertaining whether any requirements of this Act or of any rule or of any direction given under this Act have been compiled with, require any owner to submit to that person such information as that person may reasonably think necessary. **10. Power of entry and inspection.—Any person, authorised by the Central Government in this** behalf, shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place, premises or vehicle, where hazardous substance is handled for the purpose of determining whether any provisions of this Act or of any rule or of any direction given under this Act is being or has been compiled with and such owner is bound to render all assistance to such person. **11. Power of search and seizure.—(1) If a person, authorised by the Central Government in this** behalf, has reason to believe that handling of any hazardous substance is taking place in any place, premises or vehicle, in contravention of sub-section (1) of section 4, he may enter into and search such place, premises or vehicle for such handling of hazardous substance. (2) Where, as a result of any search under sub-section (1) any handling of hazardous substance has been found in relation to which contravention of sub-section (1) of section 4 has taken place, he may seize such hazardous substance and other things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act: Provided that where it is not practicable to seize any such substance or thing, he may serve on the owner an order that the owner shall not remove, part with, or otherwise deal with, the hazardous substance and such other things except with the previous permission of that person. (3) He may, if he has reason to believe that it is expedient so to do to prevent an accident dispose of the hazardous substance seized under sub-section (2) immediately in such manner as he may deem fit. (4) All expenses incurred by him in the disposal of hazardous substances under sub-section (3) shall be recoverable from the owner as arrears of land revenue or of public demand. **12. Power to give directions.—Notwithstanding anything contained in any other law but subject to** the provisions of this Act, the Central Government may, in exercise of its powers and performance of its 1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 6 ----- functions under this Act, issue such directions in writing as it may deem fit for the purposes of this Act to any owner or any person, officer, authority or agency and such owner, person, officer, authority or agency shall be bound to comply with such directions. _Explanation.—For the removal of doubts, it is hereby declared that the power to issue directions_ under this section includes the power to direct— (a) prohibition or regulation of the handling of any hazardous substance; or (b) stoppage or regulation of the supply of electricity, water or any other service. **13. Power to make application to Courts for restraining owner from handling hazardous** **substances.—(1) If the Central Government or any person authorised by that Government in this behalf** has reason to believe that any owner has been handling any hazardous substance in contravention of any of the provisions of this Act, that Government or, as the case may be, that person may make an application to a Court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate first class for restraining such owner from such handling. (2) On receipt of the 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 owner from handling hazardous substance, it may, in that order— (a) direct such owner to desist from such handling; (b) authorise the Central Government or, as the case may be, the person referred to in sub-section(1), if the direction under clause (a) is not complied with by the owner to whom such direction is issued, to implement the direction in such manner as may be specified by the Court. (4) All expenses incurred by the Central Government, or as the case may be, the person in implementing the directions of Court under clause (b) of sub-section (3), shall be recoverable from the owner as arrears of land revenue or of public demand. 1[14. Penalty for contravention.— (1) Where any person contravenes any of the provisions of sub-section (1), sub-section (2), sub-section (2A) or sub-section (2C) of section 4, he shall be liable to penalty equal to the amount of annual premium for insurance policy and may extend to twice the amount of such premium. (2) Where contravention under subsection (1) continues, an additional penalty may be imposed by the adjudicating officer, which shall not exceed the amount of premium to be paid, for each month or part thereof during which the contravention continues. **15. Penalty for non-compliance of directions.—(1) Where any person does not comply with any** direction issued under section 12, he shall be liable to penalty which shall not be less than ten thousand rupees which may extend to fifteen lakh rupees. (2) Where any person continues non-compliance under sub-section (1), he shall be liable to additional penalty to be imposed by the adjudicating officer, which shall not be less than ten thousand rupees for every day during which such non-compliance continues. (3) Where any owner does not comply with the direction issued under section 9 or obstructs any person in discharge of his functions under section 10 or under sub-sections (1), (2) or (3) of section 11, he shall be liable to penalty which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees. (4) Where any person continues non-compliance under sub-section (3), he shall be liable to additional penalty of ten thousand rupees for every day during which such non-compliance continues. **15A. Adjudicating officer.— (1) The Central Government, for the purposes of determining the** penalties under sections 14 or 15, may appoint the District Magistrate having jurisdiction over the area or an officer not below the rank of Director to the Government of India or an officer not below the rank of 1. Subs. by Act 18 of 2023, s. 2 and Schedule for sections 14 and 15 (w.e.f. 1-4-2024). 7 ----- Joint Secretary to the State Government, to be the adjudicating officer, to hold an inquiry and impose 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 failed to comply with the provisions of sub-section (1), sub-section (2), sub-section (2A) or sub-section (2C) of section 4 and section 12, he may determine such penalty as he thinks fit under the provisions of sections 14 and 15: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard. **15B. Appeal.—(1) Whoever aggrieved by the order, passed by the adjudicating officer under section** 15A, 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 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.] **16. [Offences by companies.]—Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023** (18 of 2023), s. 2 and Schedule (w.e.f. 1-4-2024). 1[17. **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 penalty equal to one month of his basic salary: Provided that he 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, he shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention. **17A. Penalty amount to be credited to Environmental Relief Fund.—Where any penalty or** additional penalty, as the case may be, is imposed under section 14 or section 15 or section 17, the amount of such penalty shall be credited to the Environmental Relief Fund established under section 7A. **17B. Offence for failure to pay penalty or additional penalty.—(1) Where any person fails to pay** the penalty or additional penalty imposed for— (a) contravention or continued contravention under section 14 or 17, as the case may be; or (b) non-compliance of the directions issued under section 15, within ninety days of such imposition, he shall be liable for imprisonment which may extend to three years or with fine which may extend up to fifteen lakh rupees, or with both. (2) Where any offence under subsection (1) 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 1. Subs. by Act 18 of 2023, s. 2 and Schedule for section 17 (w.e.f. 1-4-2024). 8 ----- the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (3) Notwithstanding anything contained in sub-section (2), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or 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; (b) “director” includes director of the company and in relation to a firm, a partner in the firm.] **18. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on** a complaint made by— (a) the Central Government or any authority or officer authorised in this behalf by that Government; 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 Central Government or the authority or officer authorised as aforesaid. **19. Power to delegate.—The Central Government may, by notification, delegate, subject to such** conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power under section 23) as it may deem necessary or expedient to any person (including any officer, authority or other agency). **20. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall** lie against the Government or the person, officer, authority or other agency in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder. **21. Advisory Committee.—(1) The Central Government may, from time to time, constitute an** Advisory Committee on the matters relating to the insurance policy under this Act. (2) The Advisory Committee shall consist of— (a) three officers representing the Central Government; (b) two persons representing the insurers; (c) two persons representing the owners; and (d) two persons from amongst the experts of insurance or hazardous substances. to be appointed by the Central Government. (3) The Chairman of the Advisory Committee shall be one of the members representing the Central Government, nominated in this behalf by that Government. **22. Effect of other laws.—The provisions of this Act and any rules made thereunder shall have** effect notwithstanding anything inconsistent therewith contained in any other law. **23. Power to make rules.—(1) The Central Government may, by notification, make rules for** carrying out the purposes of this Act. 9 ----- (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[ 2[(a) such amount under subsection (2A) of section 4;] (aa) the amount required to be paid by every owner for being credited to the Relief Fund under sub-section (2C) of section 4; (ab) the manner in which and the period within which the amount received from the owner is required to be remitted by the insurer under sub-section (2D) of section 4]; 3[(ac)] establishment and maintenance of fund under sub-section (3) of section 4; (b) the form of application and the particulars to be given therein and the documents to accompany such application under sub-section (2) of section 6; (c) the procedure for holding an inquiry under sub-section (4) of section 7; (d) the purposes for which the Collector shall have powers of a Civil Court under sub-section (5) of section 7; (e) the manner in which notice of the offence and of the intention to make a complaint to the Central Government shall be given under clause (b) of section 18; 4[(ea) amount or relief and any other loss or damage under subsection (1) of section 3; (eb) such other person under sub-section (1A) of section 6; (ec) manner of allocation of fund for restoration of damage under sub-section (9) of section 7; (ed) any other amount from other sources under clause (d) of subsection (1A) of section 7A; (ee) manner of holding inquiry and imposing penalty under subsection (1) of section 15A;] (f) any other matter which is required to be, or may be, prescribed. (3) Every [5][rule or scheme] 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 [5][rule or scheme] or both Houses agree that the [5][rule or scheme] should not be made, the [5][rule or scheme] shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that [5][rule or scheme]. 1. Ins. by Act 11 of 1992, s. 7 (w.e.f. 31-1-1992). 2. Subs. by Act 18 of 2023, s. 2 and Schedule for clause (a) (w.e.f. 1-4-2024). 3. Clause (a) shall be re-lettered as clause (ac) by Act 11 of 1992, s. 7, (w.e.f. 31-1-1992). 4. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 1-4-2024). 5. Subs. by Act 11 of 1992, s. 7, for “rule” (w.e.f. 31-1-1992). 10 ----- THE SCHEDULE— Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023), s. 2 _and Schedule (w.e.f. 1-4-2024)._ 11 -----

18-Sep-1991

42

The Places of Worship (Special Provisions) Act, 1991

https://www.indiacode.nic.in/bitstream/123456789/1922/1/a1991-42.pdf

central

# THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991 __________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Bar of conversion of places of worship. 4. Declaration as to the religious character of certain places of worship and bar of jurisdiction of courts, etc. 5. Act not to apply to Ram JanmaBhumi-Babri Masjid. 6. Punishment for contravention of section 3. 7. Act to override other enactments. 8. [Repealed.] 1 ----- # THE PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991 ACT NO. 42 OF 1991 [18th September, 1991.] # An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-second Year of the Republic of India as follows:— **1. Short title, extent and commencement.—(1) This Act may be called the Places of Worship** (Special Provisions) Act, 1991. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) The provisions of sections 3, 6 and 8 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 11th day of July, 1991. **2. Definitions.—In this Act, unless the context otherwise requires,—** (a) “commencement of this Act” means the commencement of this Act on the 11th day of July, 1991; (b) “conversion”, with its grammatical variations, includes alteration or change of whatever nature; (c) “place of worship” means a temple, mosque, gurudwara, church, monastery or any other place of public religious worship of any religious denomination or any section thereof, by whatever name called. **3. Bar of conversion of places of worship.—No person shall convert any place of worship of any** religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section thereof. **4. Declaration as to the religious character of certain places of worship and bar of jurisdiction** **of courts, etc.—(1) It is hereby declared that the religious character of a place of worship existing on the** 15th day of August, 1947 shall continue to be the same as it existed on that day. (2) If, on the commencement of this Act, any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on the 15th day of August, 1947, is pending before any court, tribunal or other authority, the same shall abate, and no suit, appeal or other proceeding with respect to any such matter shall lie on or after such commencement in any court, tribunal or other authority: Provided that if any suit, appeal or other proceeding, instituted or filed on the ground that conversion has taken place in the religious character of any such place after the 15th day of August, 1947, is pending on the commencement of this Act, such suit, appeal or other proceeding shall be disposed of in accordance with the provisions of sub-section (1). (3) Nothing contained in sub-section (1) and sub-section (2) shall apply to,— (a) any place of worship referred to in the said sub-sections which is an ancient and historical monument or an archaeological site or remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) or any other law for the time being in force; (b) any suit, appeal or other proceeding, with respect to any matter referred to in sub-section (2), finally decided, settled or disposed of by a court, tribunal or other authority before the commencement of this 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. 2 ----- (c) any dispute with respect to any such matter settled by the parties amongst themselves before such commencement; (d) any conversion of any such place effected before such commencement by acquiescence; (e) any conversion of any such place effected before such commencement which is not liable to be challenged in any court, tribunal or other authority being barred by limitation under any law for the time being in force. **5. Act not to apply to Ram Janma Bhumi-Babri Masjid.—Nothing contained in this Act shall** apply to the place or place of worship commonly known as Ram Janma Bhumi-Babri Masjid situated in Ayodhya in the State of Uttar Pradesh and to any suit, appeal or other proceeding relating to the said place or place of worship. **6. Punishment for contravention of section 3.—(1) Whoever contravenes the provisions of section** 3 shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. (2) Whoever attempts to commit any offence punishable under sub-section (1) or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence. (3) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under subsection (1) shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence. **7. Act to override 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. **8. [Amendment of Act** **43 of 1951.]—Rep. by the Repealing and Amending Act, 2001** (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 3 -----

18-Sep-1991

41

The Remittances of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act, 1991

https://www.indiacode.nic.in/bitstream/123456789/1905/1/A1991-41.pdf

central

# THE REMITTANCES OF FOREIGN EXCHANGE AND INVESTMENT IN FOREIGN EXCHANGE BONDS (IMMUNITIES AND EXEMPTIONS) ACT, 1991 _________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title and extent. CHAPTER II REMITTANCES OF FOREIGN EXCHANGE 2. Definitions. 3. Immunities. 4. Remittances not to be taken into account in certain cases. CHAPTER III INVESTMENT IN FOREIGN EXCHANGE BONDS 5. Definitions. 6. Immunities. 7. Foreign Exchange Bonds not to be taken into account in certain cases. 1 ----- # THE REMITTANCES OF FOREIGN EXCHANGE AND INVESTMENT IN FOREIGN EXCHANGE BONDS (IMMUNITIES AND EXEMPTIONS) ACT, 1991 ACT NO. 41 OF 1991 [18th September, 1991.] # An Act to provide for certain immunities to persons receiving remittances in foregin exchange and to persons owning the Foreign Exchange Bonds and for certain exemptions from direct taxes in relation to such remittances and bonds and for matters connected therewith or incidental thereto. WHEREAS the position relating to balance of payments has become difficult and it is necessary to attract large inflow of foreign exchange; AND WHEREAS with a view to attracting such inflow of foreign exchange, it is expedient to provide for certain immunities and exemptions to render it possible for certain persons to receive the said remittances in foreign exchange and to own the said Bonds; BE it enacted by Parliament in the Forty-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY **1. Short title and extent.—(1) This Act may be called the Remittances of Foreign Exchange and** Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act, 1991. (2) It extends to the whole of India. CHAPTER II REMITTANCES OF FOREIGN EXCHANGE **2. Definitions.—In this Chapter, unless the context otherwise requires,—** (a) “recipient” means a person as defined in clause (31) of section 2 of the Income-tax Act, 1961 (43 of 1961) who receives any remittance under this Chapter; (b) “remittance” means remittance made in foreign exchange by any person resident outside India to a person resident in India on or after the date of commencement of this Act but before the specified date, in the form of draft, traveller’s cheques, cheques drawn on banks situated outside India telegraphic transfers, mail transfers, money orders or by way of transfer from Non-resident (External) Account, Foreign Currency Non-resident Account or Foreign Currency Non-resident Special Deposit Account maintained in India under the rules made under the Foreign Exchange Regulation Act, 1973 (46 of 1973). _Explanation.—For the purposes of this clause, “specified date” means the 1st day of December,_ 1991 or such other later date as the Central Government may, by notification in the Official Gazette, specify in this behalf; (c) all other words and expressions used in this Chapter but not defined and defined in the Foreign Exchange Regulation Act, 1973 (46 of 1973) shall have the meanings respectively assigned to them in that Act. **3. Immunities.—(1) Notwithstanding anything contained in any other law for the time being in** force,— (a) no recipient, who claims immunity under this Chapter in accordance with such scheme as the Reserve Bank of India may, by notification in the Official Gazette, specify for the purposes of receiving remittances under this Chapter, shall be required to disclose, for any purpose whatsoever, the nature and source of the remittance made to him; (b) no inquiry or investigation shall be commenced against the recipient under any such law on the ground that he has received such remittance; 2 ----- (c) the fact that the recipient has received a remittance shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any such law. (2) Nothing in sub-section (1) shall apply— (a) to any foreign exchange which is required to be brought into India under any of the provisions of— (i) the Foreign Exchange Regulation Act, 1973 (46 of 1973); or (ii) the Income-tax Act, 1961 (43 of 1961), read with the Foreign Exchange Regulation Act, 1973 (46 of 1973), if the period within which such foreign exchange is to be brought into India has not expired or where such period has been extended, in any manner, by the Central Government or the Reserve Bank of India or any other authority, such extended period has not expired on the date of commencement of this Act; (b) in relation to prosecution for any offence punishable under Chapter IX or Chapter XVII of the Indian Penal Code (45 of 1860), the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987), the Prevention of Corruption Act, 1988 (49 of 1988)or for the purpose of enforcement of any civil liability. (3) The Central Government shall cause the scheme notified under clause (a) of sub-section (1) to be laid, as soon as may be after it is notified, before each House of Parliament. **4. Remittances not to be taken into account in certain cases.—Without prejudice to the generality** of the provisions of section 3,— (a) any remittance received under this Chapter shall not be taken into account for the purpose of any proceeding under the Income-tax Act, 1961 (43 of 1961) and, in particular, the recipient shall not be entitled to claim any set-off or relief in any assessment, re-assessment, appeal, reference or other proceeding under that Act or to re-open any assessment or re-assessment made under that Act on the ground that he has received such remittance. _Explanation.—For the avoidance of doubt, it is hereby declared that the provisions of the_ Income-tax Act, 1961 (43 of 1961) will apply to any income which accrues or arises or is deemed to accrue or arise to the recipient from the amount of the remittance; (b) any remittance received under this Chapter shall not form part of the assets of any assessee for the purposes of computing his net wealth under the Wealth-tax Act, 1957 (27 of 1957) in relation to any assessment year commencing before the 1st day of April, 1992. CHAPTER III INVESTMENT IN FOREIGN EXCHANGE BONDS **5. Definitions.—(1) In this Chapter, unless the context otherwise requires,—** (a) “Foreign Exchange Bonds” means the Bonds, issued by the State Bank of India constituted under the State Bank of India Act, 1955 (28 of 1955) in accordance with such scheme as the Reserve Bank of India may, by notification in the Official Gazette, specify in this behalf, the investment wherein is made on or after the date of commencement of this Act but before the specified date. _Explanation.—For the purposes of this clause, “specified date” means the 1st day of December,_ 1991 or such other later date as the Central Government may, by notification in the Official Gazette, specify in this behalf; (b) “non-resident Indian” means an individual, being a citizen of India or a person of Indian origin who is resident outside India. _Explanation 1.—A person shall be deemed to be of Indian origin if—_ 3 ----- (i) he, or either of his parents or any of his grand- parents, was a citizen of India by virtue of the Constitution or the Citizenship Act, 1955 (57 of 1955); or (ii) he at any time held an Indian passport: Provided that the nationals of Pakistan or Bangladesh shall not be deemed to be of Indian origin. _Explanation 2.—A spouse (not being a national of Pakistan or Bangladesh) of a person of Indian_ origin shall also be deemed to be of Indian origin; (c) “overseas corporate body” means any institution, association or body, whether incorporated or not, established under the laws of a country outside India wherein any non-resident Indian has any interest; (d) all other words and expressions used in this Chapter but not defined and defined in the Foreign Exchange Regulation Act, 1973 (46 of 1973), shall have the meanings respectively assigned to them in that Act. (2) The Central Government shall cause the scheme notified under clause (a) of sub-section (1) to be laid, as soon as may be after it is notified, before each House of Parliament. **6. Immunities.—(1) Notwithstanding anything contained in the Wealth-tax Act, 1957 (27 of 1957),** the Gift-tax Act, 1958 (18 of 1958), the Income-tax Act, 1961 (43 of 1961), the Foreign Exchange Regulation Act, 1973 (46 of 1973) and the Foreign Contribution (Regulation) Act, 1976 (46 of 1976),— (a) no non-resident Indian or overseas corporate body who or which owns the Foreign Exchange Bonds or any person resident in India to whom a gift of such Bonds has been made by such nonresident Indian or overseas corporate body, shall be required to disclose, for any purpose whatsoever, the nature and source of the investment in such Bonds; (b) no inquiry or investigation shall be commenced against any of the persons referred to in clause (a) under any of the said Acts on the ground that such person owns such Bonds; (c) the fact that any of the persons referred to in clause (a) owns such Bonds shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any of the said Acts. (2) Nothing in sub-section (1) shall apply to foreign exchange which is required to be brought into India under any of the provisions of— (i) the Foreign Exchange Regulation Act, 1973 (46 of 1973);or (ii) the Income-tax Act, 1961 (43 of 1961), read with the Foreign Exchange Regulation Act, 1973 (46 of 1973), if the period within which such foreign exchange is to be brought into India has not expired or where such period has been extended, in any manner, by the Central Government or the Reserve Bank of India or any other authority, such extended period has not expired on the date of commencement of this Act. **7. Foreign Exchange Bonds not to be taken into account in certain cases.—Without prejudice to** the generality of the provisions of section 6,— (a) the provisions of the Income-tax Act, 1961 (43 of 1961) shall not apply to any interest accruing in relation to the Foreign Exchange Bonds; (b) the provisions of the Wealth-tax Act, 1957 (27 of 1957) shall not apply in relation to the Foreign Exchange Bonds; (c) the provisions of the Gift-tax Act, 1958 (18 of 1958) shall not apply where any non-resident Indian becomes a resident in India and makes a gift of the Foreign Exchange Bonds. 4 -----

2-Jan-1992

01

The Government of National Capital Territory of Delhi Act, 1991

https://www.indiacode.nic.in/bitstream/123456789/1923/6/A1992-01.pdf

central

# THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991 _____ ARRANGEMENT OF SECTIONS _____ PART I PRELIMINARY SECTIONS. 1. Short title and commencement. 2. Definitions. PART II LEGISLATIVE ASSEMBLY 3. Legislative Assembly and its composition. 4. Qualifications for membership of Legislative Assembly. 5. Duration of Legislative Assembly. 6. Sessions of Legislative Assembly, prorogation and dissolution. 7. Speaker and Deputy Speaker of Legislative Assembly. 8. Speaker or Deputy Speaker not to provide while a resolution for his removal from office is under consideration. 9. Right of Lieutenant Governor to address and send messages to Legislative Assembly. 10. Special address by the Lieutenant Governor. 11. Rights of Ministers as respects Legislative Assembly. 12. Oath or affirmation by members. 13. Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum. 14. Vacation of seats. 15. Disqualifications for membership. 16. Disqualification on ground of defection. 17. Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified. 18. Powers, privileges, etc., of members. 19. Salaries and allowances of members. 20. Exemption of property of the Union form taxation. 21. Restrictions on laws passed by Legislative Assembly with respect to certain matters. 22. Special provisions as to financial Bills. 23. Procedure as to lapsing of Bills. 24. Assent to Bills. 25. Bills reserved for consideration. 26. Requirements as to sanction, etc. 27. Annual financial statement. 28. Procedure in Legislative Assembly with respect to estimates. 29. Appropriation Bills. 30. Supplementary, additional or excess grants. 31. Votes on account. 32. Authorisation of expenditure pending its sanction by Legislative Assembly. 33. Rules of procedure. 1 ----- SECTIONS. 34. Official language or languages of the Capital and language or languages to be used in Legislative Assembly. 35. Language to be used for Bills, Acts, etc. 36. Restriction on discussion in the Legislative Assembly. 37. Courts not to inquire into proceedings of Legislative Assembly. PART III DELIMITATION OF CONSTITUENCIES 38. Election Commission to delimit constituencies. 39. Power of Election Commission to maintain delimitation orders up-to-date. 40. Elections to the Legislative Assembly. PART IV CERTAIN PROVISIONS RELATING TO LIEUTENANT GOVERNOR AND MINISTERS 41. Matters in which Lieutenant Governor to act in his sole discretion. 42. Advice by Ministers. 43. Other provisions as to Ministers. 44. Conduct of business. 45. Duties of Chief Minister as respects the furnishing of information to the Lieutenant Governor, etc. PART IV – A PROVISIONS RELATING TO THE MAINTENANCE OF THE DEMOCRATIC AND ADMINISTRATIVE BALANCE IN THE GOVERNANCE OF NATIONAL CAPITAL TERRITORY OF DELHI 45A. Definitions. 45B. Public Service Commissions for National Capital Territory of Delhi. 45C. Power of Central Government to make rules under this Part 45D. Power to appoint authorities, boards, commissions or statutory bodies. 45E. Constitution of National Capital Civil Service Authority. 45F. Meetings of Authority. 45G. Appointment of officers and other staff of Authority. 45H. Powers and functions of Authority. 45I. Disposal of matters by Minister 45J. Duties of Secretaries. 45K. Power to make rules. PART V # MISCELLANEOUS AND TRANSITIONAL PROVISIONS 46. Consolidated Fund of the Capital. 46A. Public Account of the Capital and moneys credited to it. 47. Contingency Fund of the Capital. 47A. Borrowing upon the security of the Consolidated Fund of the Capital. 47B. Form of accounts of the Capital. 48. Audit reports. 49. Relation of Lieutenant Governor and his Ministers to President. 50. Period of order made under article 239AB and approval thereof by Parliament. 51. Authorisation of expenditure by President. 2 ----- SECTIONS. 52. Contracts and suits. 53. Power of President to remove difficulties. 54. Laying of rules before Legislative Assembly. 55. [Repealed.] 56. Repeal of Act 19 of 1966. THE SCHEDULE. 3 ----- # THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991 ACT NO. 1 OF 1992 [2nd _January, 1992.]_ # An Act to supplement the provisions of the Constitution relating to the Legislative Assembly and a Council of Ministers for the National Capital Territory of Delhi and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Forty-second Year of the Republic of India as follows:— PART I PRELIMINARY **1. Short title and commencement.—(1) This Act may be called the Government of National** Capital Territory of Delhi Act, 1991. (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 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.—In this Act, unless the context otherwise requires,—** (a) “article” means an article of the Constitution; (b) “assembly constituency” means a constituency provided under this Act for the purpose of elections to the Legislative Assembly; (c) “Capital” means the National Capital Territory of Delhi; (d) “Election Commission” means the Election Commission referred to in article 324; (e) “Legislative Assembly” means the Legislative Assembly of the National Capital Territory of Delhi; 2[(ea) “Lieutenant Governor” means the administrator appointed under article 239 of the Constitution for the National Capital Territory of Delhi and designated as Lieutenant Governor by the President; (eb) “Minister” means a member of the Council of Ministers referred to in clause (4) of article 239AA of the Constitution, by whatever name called and includes a Deputy Minister;] (f) “Scheduled Castes”, in relation to the Capital, means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes in relation to the Capital. 1. 1st February, 1992 (ss. 2, 3, 38, 39, 40 and 53), _vide notification No. S.O. 97(E), dated 31st January, 1992,_ _See_ Gazette of India, Extraordinary, Part II, sec. 3(ii). 2nd October, 1993 [ss. 4 to 37 (both inclusive), 43 to 45 (both inclusive), 49 to 52 (both inclusive), 54 and 55], vide notification No. S.O. 735(E), dated 30th September, 1993, See Gazette of India, Extraordinary, Part II, sec. 3(ii). 25th November, 1993 (ss 46, 47 and 48), vide notification No. S.O. 894(E), dated 25th November, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 29th November, 1993 (s. 56), vide notification No. S.O. 910(E), dated 29th November, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. Ins. by Act 19 of 2023, s. 2 (w.e.f. 19-5-2023). 4 ----- PART II LEGISLATIVE ASSEMBLY **3. Legislative Assembly and its composition.—(1) The total number of seats in the Legislative** Assembly to be filled by persons chosen by direct election from territorial constituencies shall be seventy. (2) For the purpose of elections to the Legislative Assembly, the Capital shall be divided into single-member assembly constituencies in accordance with the provisions of Part III in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Capital. (3) Seats shall be reserved for the Scheduled Castes in the Legislative Assembly, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Castes in the Capital bears to the total population of the Capital and the provisions of article 334 shall apply to such reservation. _Explanation.—In this section, the expression “population” means the population as ascertained in the_ last preceding census of which the relevant figures have been published: 1[Provided that the reference in this _Explanation to the last preceding census of which the relevant_ figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census:] 2[Provided further that any readjustment in the division of the Capital into territorial constituencies by the Delimitation Commission under the Delimitation Act, 2002 (33 of 2002) on the basis of 2001 census shall take effect from such date as the Central Government may, by order, published in the Official Gazette, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment.] **4. Qualifications for membership of Legislative Assembly.—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 Schedule; (b) is not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament. **5. 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 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 the President by order 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. **6. Sessions of Legislative Assembly, prorogation and dissolution.—(1) The Lieutenant 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 Lieutenant Governor may, from time to time,— (a) prorogue the Assembly; (b) dissolve the Assembly. 1. Subs. by Act 19 of 2005, s. 5, for the proviso (w.e.f. 21-5-2005). 2. Ins. by Act 5 of 2006, s. 3 (w.e.f. 20-3-2006). 5 ----- **7. 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 become 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 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 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 Assembly as may be determined by the rules of procedure of the Assembly. (4) During the absence of the Speaker from any sitting of the Assembly, the Deputy Speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the 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 Legislative Assembly by law and, until provision in that behalf is so made, such salaries and allowances as the Lieutenant Governor may, with the approval of the President, by order determine. **8. Speaker or Deputy Speaker not to provide 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 7 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 Assembly and shall, notwithstanding anything in section 13, 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. Right** **of** **Lieutenant** **Governor** **to** **address** **and** **send** **messages** **to** **Legislative** **Assembly.—(1) The Lieutenant Governor may address the Legislative Assembly and for that purpose** require the attendance of members. (2) The Lieutenant Governor may send messages to the Assembly whether with respect to a Bill then pending in the Assembly or otherwise, and when a message is so sent, the Assembly shall with all convenient dispatch consider any matter required by the message to be taken into consideration. **10. Special address by the Lieutenant 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 Lieutenant Governor shall address the Legislative Assembly and inform it of the causes of its summons. 6 ----- (2) Provision shall be made by rules to be made by the Assembly regulating its procedure for the allotment of time for discussion of the matters referred to in such address. **11. Rights of Ministers as respects Legislative Assembly.—Every Minister 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. **12. Oath or affirmation by members.—Every member of the Legislative Assembly shall, before** taking his seat, make and subscribe before the Lieutenant 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 Schedule. **13. 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 a 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) The quorum to constitute a meeting of the Legislative Assembly shall be one-third of the total number of members of the Assembly. (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 to suspend the meeting until there is a quorum. **14. Vacation of Seats.—(1) No person shall be a member both of Parliament and of the Legislative** Assembly and if a person is chosen a member both of Parliament and of such Assembly, then, at the expiration of such period as is specified in or under the Representation of the People Act, 1951 (43 of 1951) and the rules made by the President under clause (2) of article 101 and clause (2) of article 190, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislative Assembly. (2) If a member of the Legislative Assembly— (a) becomes subject to any disqualification mentioned in section 15 or section 16 for membership of the Assembly, or (b) resigns his seat by writing under his hand addressed to the Speaker and his resignation is accepted by the Speaker, his seat shall thereupon become vacant: Provided that in the case of any resignation referred to in clause (b), if from the information received or otherwise and after making such inquiry as he thinks fit, the Speaker is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation. (3) If for a period of sixty days a member of the Legislative Assembly is without permission of the 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 Assembly is prorogued or is adjourned for more than four consecutive days. **15. Disqualifications for membership.—(1) A person shall be disqualified for being chosen as, and** for being, a member of the Legislative Assembly— 7 ----- (a) if he holds any office of profit under the Government of India or the Government of any State or the Government of any Union territory other than an office declared by law made by Parliament or by the Legislature of any State or by the Legislative Assembly of the Capital or of any other Union territory not to disqualify its holder; or (b) if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub-clause (d) of clause (1) of article 102 or of any law made in pursuance of that article. (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 any Union territory by reason only that he is a Minister either for the Union or for such State or Union territory. (3) If any question arises as to whether a member of the Legislative Assembly 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 President and his decision shall be final. (4) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion. **16. Disqualification on ground of defection.—The provisions of the Tenth Schedule to the** Constitution shall, subject to the necessary modifications (including modifications for construing references therein to the Legislative Assembly of a State, article 188, article 194 and article 212 as references, respectively, to the Legislative Assembly, section 12, section 18 and section 37 of this Act), apply to and in relation to the members of the Legislative Assembly as they apply to and in relation to the members of the Legislative Assembly of a State, and accordingly:— (a) the said Tenth Schedule as so modified shall be deemed to form part of this Act; and (b) a person shall be disqualified for being a member of the Legislative Assembly if he is so disqualified under the said Tenth Schedule as so modified. **17. Penalty for sitting and voting before making oath or affirmation or when not qualified or** **when disqualified.—If a person sits or votes as a member of the Legislative Assembly before he has** complied with the requirements of section 12 or when he knows that he is not qualified or that he is disqualified for membership thereof, 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 the Union. **18. 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 Legislative Assembly, there shall be freedom of speech in the Legislative Assembly. (2) No member of the Legislative Assembly 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 such 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 are 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, and 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. **19. 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 Legislative 8 ----- Assembly by law and until provision in that behalf is so made, such salaries and allowances as the Lieutenant Governor may, with the approval of the President, by order determine. **20. Exemption of property of the Union from taxation.—The property of the Union shall, save in** so far as Parliament may by law otherwise provide, be exempted from all taxes imposed by or under any law made by the Legislative Assembly or by or under any other law in force in the Capital: Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any authority within the Capital from levying any tax on any property of the Union to which such property was immediately before the commencement of the Constitution liable or treated as liable, so long as that tax continues to be levied in the Capital. **21. Restrictions on laws passed by Legislative Assembly with respect to certain** **matters.—(1) The provisions of article 286, article 287 and article 288 shall apply in relation to any law** passed by the Legislative Assembly with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the Legislature of a State with respect to those matters. (2) The provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the Legislative Assembly with respect to any of the matters referred to in that article as they apply in relation to any law passed by the Legislature of a State with respect to those matters. 1[(3) The expression “Government” referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor.] **22. 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 recommendation of the Lieutenant Governor, if such Bill or amendment makes provision for any of the following matters, namely:— (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Capital; (c) the appropriation of moneys out of the Consolidated Fund of the Capital; (d) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Capital or the increasing of the amount of any such expenditure; 2[(e) the receipt of money on account of the Consolidated Fund of the Capital or the Public Account of the Capital or the custody or issue of such money or the audit of the accounts of the Capital:] 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 aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of the Capital shall not be passed by the Legislative Assembly unless the Lieutenant Governor has recommended to that Assembly the consideration of the Bill. **23. Procedure as to lapsing of Bills.—(1) A Bill pending in the Legislative Assembly shall not** lapse by reason of the prorogation of the Assembly. (2) A Bill which is pending in the Legislative Assembly shall lapse on a dissolution of the Assembly. 1. Ins. by Act 15 of 2021, s. 2 (w.e.f. 27-4-2021). 2. Subs. by Act 38 of 2001, s. 6, for clause (e) (w.e.f.10-5-2006). 9 ----- **24. Assent to Bills.—When a Bill has been passed by the Legislative Assembly, it shall be presented** to the Lieutenant Governor and the Lieutenant 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 Lieutenant Governor may, as soon as possible after the presentation of the Bill to him for assent, return the Bill if it is not a Money Bill together with a message requesting that the Assembly will consider 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 Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without amendment and presented to the Lieutenant Governor for assent, the Lieutenant Governor shall declare either that he assents to the Bill or that he reserves the Bill for the consideration of the President: Provided further that the Lieutenant Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which,— (a) in the opinion of the Lieutenant Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; or (b) the President may, by order, direct to be reserved for his consideration; or (c) relates to matters referred to in sub-section (5) of section 7 or section 19 or section 34 or sub-section (3) of [1][section 43; or] 2[(d) incidentally covers any of the matters which falls outside the purview of the powers conferred on the Legislative Assembly.] _Explanation.—For the purposes of this section and section 25, 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 22 or any matter incidental to any of those matters and, in either case, there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill. **25. Bills reserved for consideration.—When a Bill is reserved by the Lieutenant 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 Lieutenant Governor to return the Bill to the Legislative Assembly together with such a message as is mentioned in the first proviso to section 24 and, when a Bill is so returned, the 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 Assembly with or without amendment, it shall be presented again to the President for his consideration. **26. Requirements as to sanction, etc.—No Act of the Legislative Assembly, and no provision in** any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given by the Lieutenant Governor, or, on being reserved by the Lieutenant Governor for the consideration of the President, by the President. **27. Annual financial statement.—(1) The Lieutenant Governor shall in respect of every financial** year cause to be laid before the Legislative Assembly, with the previous sanction of the President, a statement of the estimated receipts and expenditure of the Capital for that year, in this Part referred to as the “annual financial statement”. (2) The estimates of expenditure embodied in the annual financial statement shall show separately— (a) the sums required to meet expenditure described by this Act as expenditure charged upon the Consolidated Fund of the Capital; and 1. Subs. by Act 15 of 2021, s. 3, for “section 43” (w.e.f. 27-4-2021). 2. Ins. by s. 3, ibid. (w.e.f. 27-4-2021). 10 ----- (b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund of the Capital, and shall distinguish expenditure on revenue account from other expenditure. (3) Notwithstanding anything contained in any law for the time being in force, the following expenditure shall be expenditure charged on the Consolidated Fund of the Capital:— (a) the emoluments and allowances of the Lieutenant Governor and other expenditure relating to his office as determined by the President by general or special order; (b) the charges payable in respect of loans advanced to the Capital from the Consolidated Fund of India including interest, sinking fund charges and redemption charges, and other expenditure connected therewith; (c) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly; (d) expenditure in respect of the salaries and allowances of Judges of the High Court of Delhi; (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; (f) any other expenditure declared by the Constitution or by law made by Parliament or by the Legislative Assembly to be so charged. **28. Procedure in Legislative Assembly with respect to estimates.—(1) So much of the estimates as** relates to expenditure charged upon the Consolidated Fund of the Capital 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 Lieutenant Governor. **29. Appropriation Bills.—(1) As soon as may be after the grants under section 28 have been made** by the Legislative Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the Capital of all moneys required to meet— (a) the grants so made by the Assembly, and (b) the expenditure charged on the Consolidated Fund of the Capital 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 the Capital 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 other provisions of this Act, no money shall be withdrawn from the Consolidated Fund of the Capital except under appropriation made by law passed in accordance with the provisions of this section. **30. Supplementary, additional or excess grants.—(1) The Lieutenant Governor shall,—** (a) if the amount authorised by any law made in accordance with the provisions of section 29 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 11 ----- (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, with the previous sanction of the President, another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly with such previous sanction a demand for such excess, as the case may be. (2) The provisions of sections 27, 28 and 29 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 the Capital 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 the Capital to meet such expenditure or grant. **31. Votes on account.—(1) Notwithstanding anything in the foregoing provisions of this Part, the** Legislative Assembly shall have power 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 28 for the voting of such grant and the passing of the law in accordance with the provisions of section 29 in relation to that expenditure and the Legislative Assembly shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the Capital for the purposes for which the said grant is made. (2) The provisions of sections 28 and 29 shall have effect in relation to the making of any grant under sub-section (1) or 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 the Capital to meet such expenditure. **32. Authorisation** **of** **expenditure** **pending** **its** **sanction** **by** **Legislative** **Assembly.—** Notwithstanding anything in the foregoing provisions of this Part, the Lieutenant Governor may authorise such expenditure from the Consolidated Fund of the Capital as he deems necessary for a period of not more than six months beginning with the date of the constitution of the Consolidated Fund of the Capital, pending the sanction of such expenditure by the Legislative Assembly. **33. 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 [1][which shall not be inconsistent with Rules of Procedure and Conduct of Business in House of the People]: 2[Provided that the Legislative Assembly shall not make any rule to enable itself or its committees to consider the matters of day-to-day administration of the Capital or conduct inquiries in relation to the administrative decisions, and any of the rule made in contravention of this proviso, before the commencement of the Government of National Capital Territory of Delhi (Amendment) Act, 2021, shall be void: Provided further that] the Lieutenant Governor shall, after consultation with the Speaker of the Legislative Assembly and with the approval of the President, make rules— (a) for securing the timely completion of financial business; (b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the Capital; 1. Ins. by Act 15 of 2021, s. 4 (w.e.f. 27-4-2021). 2. Subs. by s. 4, ibid., for “Provided that” (w.e.f. 27-4-2021). 12 ----- (c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the discharge of the functions of the Lieutenant Governor in so far as he is required by or under this Act or any law to act in his discretion. (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 Uttar Pradesh 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 Lieutenant Governor. **34. Official language or languages of the Capital and languages or languages to be used in** **Legislative Assembly.—(1) The Legislative Assembly may by law adopt any one or more of the** languages in use in the Capital or Hindi as the official language or languages to be used for all or any of the official purposes of the Capital: Provided that the President may by order direct— (i) that the official language of the Union shall be adopted for such of the official purposes of the Capital as may be specified in the order; (ii) that any other language shall also be adopted throughout the Capital or such part thereof for such of the official purposes of the Capital as may be specified in the order, if the President is satisfied that a substantial proportion of the population of the Capital desires the use of that other language for all or any of such purposes. (2) The business in the Legislative Assembly shall be transacted in the official language or languages of the Capital or in Hindi or in English: Provided that the Speaker of the Legislative Assembly or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the Assembly in his mother-tongue. **35. Language to be used for Bills, Acts, etc.—Notwithstanding anything contained in section 34,** until Parliament by law otherwise provides, the authoritative texts— (a) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly; (b) of all Acts passed by the Legislative Assembly; and (c) of all orders, rules, regulations and bye-laws issued under any law made by the Legislative Assembly, shall be in the English language: Provided that where the Legislative Assembly has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislative Assembly or in any order, rule, regulation or bye-law issued under any law made by the Legislative Assembly, a translation of the same in the English language published under the authority, of the Lieutenant Governor in the Official Gazette shall be deemed to be the authoritative text thereof in the English language. **36. Restriction 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. **37. Courts not to inquire into 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 13 ----- Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. PART III DELIMITATION OF CONSTITUENCIES **38. Election Commission to delimit constituencies.—(1) The Election Commission shall, in the** manner herein provided, distribute the seats assigned to the Legislative Assembly under section 3 to single-member territorial constituencies and delimit them having regard to the following provisions, namely:— (a) all constituencies shall, as far as practicable, be delimited in such manner that the ratio between the population of each of such constituencies and the total population of the Capital is the same; and (b) constituencies in which seats are reserved for the Scheduled Castes shall, as far as practicable, be located in areas where the proportion of their population to the total population is comparatively large. (2) The Election Commission shall— (a) publish its proposals for the delimitation of constituencies in the Official Gazette and also 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. **39. Power of Election Commission to maintain delimitation orders up-to-date.—The Election** Commission may, from time to time, by notification in the Official Gazette,— (a) correct any printing mistakes in any order made under section 38 or any error arising therein from inadvertent slip or omission; and (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. **40. Elections to the Legislative Assembly.—(1) For the purpose of constituting the Legislative** Assembly, a general election will be held as soon as may be, after the delimitation of all the assembly constituencies under section 38. (2) For the purposes of sub-section (1), the Lieutenant Governor shall, by one or more notifications published in the Official Gazette, call upon all the said assembly constituencies to elect members in accordance with the provisions of the Representation of the People Act, 1951 (43 of 1951), and of the rules and orders made or issued thereunder as applicable under sub-section (3). (3) The Representation of the People Act, 1950 (43 of 1950), the Representation of the People Act, 1951 (43 of 1951), the rules and orders made or issued under the said Acts and all other laws for the time being in force relating to elections shall apply with necessary modifications (including modifications for construing references therein to a State, State Government and Governor as including references to 14 ----- the Capital, Government of the Capital and Lieutenant Governor, respectively) to, and in relation to, the general election referred to in sub-section (1). PART IV CERTAIN PROVISIONS RELATING TO LIEUTENANT GOVERNOR AND MINISTERS **41. Matters in which Lieutenant Governor to [1][act in his sole discretion].—(1) The Lieutenant** Governor shall [2][act in his sole discretion] in a matter— (i) which falls outside the purview of the powers conferred on the Legislative Assembly but in respect of which powers or functions are entrusted or delegated to him by the President; or (ii) in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions [3][; or]. 3[(iii) in discharge of his functions under Part IV-A of this Act.] (2) If any question arises as to whether any matter is or is [4][not a matter in respect of] which the Lieutenant Governor is by or under any law required to act in his discretion, the decision of the Lieutenant Governor thereon shall be final. (3) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final. **42. Advice by Ministers.—The question whether any, and if so what, advice was tendered by** Ministers to the Lieutenant Governor shall not be inquired into in any court. **43. Other provisions as to Ministers.—(1) Before a Minister enters upon his office, the Lieutenant** Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Schedule. (2) 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. (3) The salaries and allowances of Ministers shall be such as the Legislative Assembly may from time to time by law determine and until the Legislative Assembly so determines, shall be determined by the Lieutenant Governor with the approval of the President. **44. Conduct of business.—(1) The President shall make rules—** (a) for the allocation of business to the Ministers in so far as it is business with respect to which the Lieutenant Governor is required to act on the aid and advice of his Council of Ministers; and (b) for the more convenient transaction of business with the Ministers, including the procedure to be adopted in the case of a difference of opinion between the Lieutenant Governor and the Council of Ministers or a Minister. (2) Save as otherwise provided in this Act, all executive action of the Lieutenant Governor whether taken on the advice of his Ministers or otherwise shall be expressed to be taken in the name of the Lieutenant Governor. 5[Provided that before taking any executive action in pursuance of the decision of the Council of Ministers or a Minister, to exercise powers of Government, State Government, Appropriate Government, 1. Subs. by Act 19 of 2023, s. 3, in the marginal heading, for the words “act in his discretion” (w.e.f. 19-5-2023). 2. Subs. by s. 3, ibid., for “act in his discretion” (w.e.f. 19-5-2023). 3. Ins. by s. 3, ibid. (w.e.f. 19-5-2023). 4. Subs. s. 3, ibid, for “not a matter as respects” (w.e.f. 19-5-2023). 5. Ins. by Act 15 of 2021, s. 5 (w.e.f. 27-4-2021). 15 ----- Lieutenant Governor, Administrator or Chief Commissioner, as the case may be, under any law in force in the Capital, the opinion of Lieutenant Governor in term of proviso to clause (4) of article 239AA of the Constitution shall be obtained on all such matters as may be specified, by a general or special order, by Lieutenant Governor.] (3) Orders and other instruments made and executed in the name of the Lieutenant Governor shall be authenticated in such manner as may be specified in rules to be made by the Lieutenant 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 Lieutenant Governor. **45. Duties of Chief Minister as respects the furnishing of information to the Lieutenant** **Governor, etc.—It shall be the duty of the Chief Minister—** (a) to communicate to the Lieutenant Governor all decisions of the Council of Ministers relating to the administration of the affairs of the Capital and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Capital and proposals for legislation as Lieutenant Governor may call for; and (c) if the Lieutenant 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. 1*[PART IV – A PROVISIONS RELATING TO THE MAINTENANCE OF THE DEMOCRATIC AND ADMINISTRATIVE BALANCE IN THE GOVERNANCE OF NATIONAL CAPITAL TERRITORY OF DELHI **45A. Definitions.— In this Part, unless the context otherwise requires,—** (a) “All India Services” means any service created under the All India Services Act, 1951 (61 of 1951), except the Indian Police Service; (b) “Authority” means the National Capital Civil Service Authority constituted under sub-section (1) of section 45E; (c) “Chairperson” means the Chairperson of the Authority appointed under clause (a) of sub-section (2) of section 45E; (d) “Chief Secretary” means the Chief Secretary of the Government of National Capital Territory of Delhi appointed by the Central Government; (e) “Council” means the Council of Ministers referred to in clause (4) of article 239AA of the Constitution; (f) “DANICS” means the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services; 1. Ins. by Act 19 of 2023, s. 4 (w.e.f. 19-5-2023). *. Section 5 of the Government of National Capital Territory of Delhi (Amendment) Act, 2023 (19 of 2023) provides for power to remove difficulties for PART IV-A which reads as under: “5. Power to remove difficulties.–(1) If any difficulty arises in giving effect to the provisions of Part IV-A of the principal Act, as inserted by the Government of National Capital Territory of Delhi (Amendment) Act, 2023, the President may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of Part IV-A of the principal Act, as inserted by the Government of National Capital Territory of Delhi (Amendment) Act, 2023, as may appear to him to be necessary or expedient for the purposes of removing the difficulty: Provided that no 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 be laid, as soon as may be after it is made, before each House of Parliament.” 16 ----- (g) “Delhi Subordinate Services Selection Board” means the Delhi Subordinate Services Selection Board constituted by the Government of National Capital Territory of Delhi through its Resolution No. F-3(7)/93-S.III, dated 4th October, 1996 read with Resolution F. 3(24)/DSSSB/2008-S.III/1764, dated 12th May, 2008; (h) “Department” means a Department or office specified in the Schedule to the Business of Delhi (Allocation) Rules, 1993; (i) “Group ‘A’ officers” means the officers serving in the affairs of the Government of National Capital Territory of Delhi— (a) belonging to All India Services, except the officers of the Indian Police Service; (b) who are classified as Group ‘A’ officers, under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officers who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto; (j) “Group ‘B’ officials” means the Group ‘B’ officials, as such classified under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officials who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto; (k) “Group ‘C’ officials” means Group ‘C’ officials as such classified under rule 4 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, but shall not include the officials who are serving in connection with any subject matter, whether fully or in part connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto; (l) “National Capital Territory of Delhi” means the Union territory of Delhi as defined in clause (1) of article 239AA of the Constitution; (m) “Member” means a member of the Authority and includes the Chairperson; (n) “Principal Home Secretary” means the Additional Chief Secretary or Principal Secretary or Secretary, as the case may be, who is Head of the Home Department of the Government of National Capital Territory of Delhi; and (o) “Secretary” means the Additional Chief Secretary or Principal Secretary or Secretary, as the case may be, who is Head of the concerned Department of the Government of National Capital Territory of Delhi. **45B. Public Service Commissions for National Capital Territory of Delhi.—(1) The Union Public** Service Commission shall be the Public Service Commission for Group ‘A’ and Group ‘B’ gazetted posts in the National Capital Territory of Delhi. (2) The Delhi Subordinate Services Selection Board shall be the recruitment agency for appointment to the Group ‘B’ non-gazetted posts and Group ‘C’ posts in the National Capital Territory of Delhi. **45C. Power of Central Government to make rules under this Part.— The Central Government** may make rules to provide for any one or more of the following matters, in connection with the affairs of the Government of National Capital Territory of Delhi under this Part, namely:— 17 ----- (a) the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed or posted; (b) the powers, duties and functions of officers and other employees appointed or posted; (c) the qualifications of candidates for appointment to the posts and the manner of selection for the appointments; (d) transfer or posting of the officers and other employees posted; (e) the procedure to be followed in imposing any penalty, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension or penalty may be ordered; and the officer or authority to whom an appeal or revision shall lie; (f) any other matter which is incidental to or necessary for the purpose of regulating the appointment and conditions of service of persons appointed to services and posts; and (g) any other matter for which, in the opinion of the Central Government, provisions are to be made by rules. **45D. Power to appoint authorities, boards, commissions or statutory bodies.—Notwithstanding** anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, by whatever name it may be called, or any office bearer or member thereof, constituted or appointed by or under— (a) any law made by the Parliament for the time being in force, applicable to the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President; and (b) any law made by the Legislative Assembly of National Capital Territory of Delhi for the time being in force, the Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor, in accordance with the provisions of section 45H. **45E. Constitution of National Capital Civil Service Authority.—(1) There shall be an Authority to** be known as the National Capital Civil Service Authority to exercise the powers conferred on, and discharge the functions assigned to it under this Part. (2) The Authority, referred to in sub-section (1), shall consist of the following Members, namely:— (a) the Chief Minister of Government of National Capital Territory of Delhi, who shall be the Chairperson of the Authority, ex officio; (b) the Chief Secretary of Government of National Capital Territory of Delhi, Member, ex officio; and (c) the Principal Home Secretary, Government of National Capital Territory of Delhi, who shall be the Member-Secretary to the Authority, ex officio. (3) All matters required to be decided by the Authority shall be decided by majority of votes of the Members present and voting. (4) All recommendations of the Authority shall be authenticated by the Member-Secretary. (5) The head office of the Authority shall be at Delhi. **45F. Meetings of Authority. — (1) The Authority shall meet at such time and place as the Member-** Secretary may decide with approval of the Chairperson of the Authority, as and when so required. (2) The Chairperson of the Authority shall preside over the meetings of the Authority. (3) The quorum for the meeting of the Authority shall be of two Members. 18 ----- **45G. Appointment of officers and other staff of Authority.—(1) The Central Government, in** consultation with the Authority, shall determine the nature and the categories of officers and other employees required to assist the Authority in the discharge of its functions and provide the Authority with such officers and employees, as it may deem fit. (2) The officers and other employees of the Authority shall discharge their duties and functions under the general superintendence and control of the Authority. (3) The salaries, allowances and conditions of service of the officers and other employees appointed under sub-section (1) shall be by rules made by the Central Government. **45H. Powers and functions of Authority.— (1) Notwithstanding anything contained in any other** law for the time being in force, the Authority shall have the responsibility to recommend the transfers and postings of all Group ‘A’ officers and officers of DANICS serving in the affairs of the Government of National Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution; and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor: Provided that Authority may, if it deems appropriate, by way of a recommendation, delegate the responsibility to any other authority of the Government of National Capital Territory of Delhi. (2) The Authority shall have the responsibility to recommend for all matters connected with and falling under the subject of vigilance and non-vigilance matters for the purpose of initiation of disciplinary proceedings and recommend for grant of prosecution sanctions to the Competent Authorities under the relevant Constitutional or statutory provisions against all the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi but not officers serving in connection with any subject matter, either fully or in part, connected with Entries 1, 2 and 18 of List II of the Seventh Schedule to the Constitution, and Entries 64, 65 and 66 of List II of the Seventh Schedule to the Constitution insofar as they relate to Entries 1, 2 and 18 or any other subject matter which is connected therewith or incidental thereto, to the Lieutenant Governor: Provided that the Authority may, if it deems appropriate, by way of a recommendation, delegate the responsibility in respect to such officers serving in the affairs of the Government of National Capital Territory of Delhi to an officer of All India Services. (3) The Lieutenant Governor, after the receipt of such recommendation under sub-section (1) or sub-section (2) of this section, may pass appropriate orders giving effect to the recommendation made: Provided that the Lieutenant Governor, before passing appropriate orders on such recommendation, may ask for any relevant material regarding the Group ‘A’ officers, including the officers of the All India Services and DANICS, serving in the affairs of the Government of National Capital Territory of Delhi: Provided further that in case the Lieutenant Governor differs with the recommendation made, whether based upon the material so called for or otherwise, the Lieutenant Governor may, for reasons to be recorded in writing, return the recommendation to the Authority for reconsideration by the Authority: Provided also that in case of difference of opinion, the decision of the Lieutenant Governor shall be final. (4) Without prejudice to the generality of the provisions contained in sub-section (1), the Authority shall— (a) make recommendations to the Lieutenant Governor for framing policies on— (i) stability of tenure of posting of officers and other employees; 19 ----- (ii) rotational transfers and postings from sensitive to non-sensitive posts and vice-versa; (iii) determining suitability of officer for posting as Head of the Department; (iv) transfers and postings of all officers and other employees serving in the affairs of the Government of National Capital Territory of Delhi; (b) make policy insofar as it relates to— (i) the capacity building of the officers and other employees serving in the affairs of the Government of National Capital Territory of Delhi; (ii) ensuring effectiveness in public services delivery in the Government of National Capital Territory of Delhi; (iii) ensuring good governance and e-governance in public administration in the Government of National Capital Territory of Delhi; (iv) ensuring greater transparency in the administration of the Government of National Capital Territory of Delhi; (v) ensuring the presence of a citizen centric administration in the Government of National Capital Territory of Delhi; and (vi) any other matter connected therewith or incidental thereto. **45-I. Disposal of matters by Minister. — (1) The Minister in-charge may, by means of standing** orders, give such directions as he deems fit for the disposal of proposals or matters in his Department: Provided that no such standing order shall be issued in contravention of the provisions of the Constitution or any other law for the time being in force including the provisions of this Act or the rules made thereunder or the statutory powers conferred under any law upon the officials, and financial powers delegated under the Delegation of the Financial Powers Rules, 1978. (2) The Minister, in consultation with the Secretary concerned, may issue standing orders, concerning the matters or classes of matters which are to be brought to the personal notice of the Minister: Provided that no such standing order shall be issued in contravention of the provisions of the Constitution or any other law for the time being in force including the provision of this Act or the rules made thereunder or the statutory powers conferred under any law upon the officials, and financial powers delegated under the Delegation of the Financial Powers Rules, 1978. (3) The copies of directions and standing orders shall be forwarded to the Lieutenant Governor and the Chief Minister. (4) Notwithstanding anything contained in sub-sections (1) and (2), in addition to the proposals or matters required to be placed before the Lieutenant Governor under any law for the time being in force, the following proposals or matters shall be submitted to the Lieutenant Governor for his opinion through the Chief Minister and the Chief Secretary, before issuing any orders thereon, namely:— (i) matters which affect or are likely to affect the peace and tranquility of the National Capital Territory of Delhi; (ii) matters which affect or are likely to affect the interest of any particular community, the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes or any other class of persons; (iii) matters which affect the relations of the Government of National Capital Territory of Delhi with the Central Government, or any State Government, the Supreme Court of India or the High Court of Delhi and such other authorities as may be determined; 20 ----- (iv) matters pertaining to the Secretariat of the Lieutenant Governor and personnel establishment and other matters relating to his office; (v) matters on which the Lieutenant Governor is required to make an order under any law or instrument in force in his sole discretion; (vi) matters specified under general or special order issued by the Lieutenant Governor under proviso to sub-section (2) of section 44; (vii) petitions for mercy from persons under sentence for death and other important cases in which it is proposed to recommend any revision of a judicial sentence; (viii) matters relating to summoning, prorogation and dissolution of the Legislative Assembly, removal of disqualification of voters at elections to the Legislative Assembly, Local Self Government Institutions and other matters connected therewith; and (ix) any other matter of administrative importance which the Chief Minister may consider necessary. **45J. Duties of Secretaries.— (1) The Secretary of the Department concerned shall be responsible for** preparing and authenticating every memorandum including the Cabinet Notes, for consideration of the Council of Ministers and for obtaining approval of the Minister in-charge and the Chief Minister. (2) In case of proposals involving more than one Department, the views of all concerned Secretaries and the Ministers of all Departments consulted on the proposal shall be clearly and separately reflected in writing and signed by the Minister and the Secretary in the memorandum so as to ensure that in case of disagreement, the Council of Ministers shall take a decision. (3) In case the Secretary to the Council of Ministers is of the opinion that the proposal considered and decided by the Council of Ministers is not in accordance with the provisions of any law for the time being in force or any rules of procedure made under section 44, it shall be the duty of the Secretary to the Council of Ministers to bring it to the notice of the Lieutenant Governor for taking a decision thereon. (4) Any matter which is likely to bring the Government of National Capital Territory of Delhi into controversy with the Central Government or with any State Government, the Supreme Court of India or the High Court of Delhi and such other authorities as may be determined, the Secretary to the Department concerned shall, as soon as possible, bring it to the notice of the Lieutenant Governor, the Chief Minister and the Chief Secretary in writing. (5) The Chief Secretary and the Secretary to the Department concerned shall be responsible for compliance with the provisions of this Act and the rules made under section 44, and when either of them considers that there has been any material departure from the same, instead of giving effect to such departure, he shall personally bring it to the notice of the Minister in-charge, the Chief Minister and the Lieutenant Governor immediately in writing. **45K. Power to make rules.—(1) The Central Government may, by notification published in the** Official Gazette, make rules for carrying out the provisions of this Part. (2) Every rule made by the Central Government under this Part shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the 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 that rule.] 21 ----- PART V MISCELLANEOUS AND TRANSITIONAL PROVISIONS **46. Consolidated Fund of the Capital.—(1) As from such date as the Central Government may, by** notification in the Official Gazette, appoint in this behalf, all revenues received in the Capital by the Government of India or the Lieutenant Governor in relation to any matter with respect to which the Legislative Assembly has power to make laws, and all grants made and [1][all loans advanced to the Capital from the Consolidated Fund of India and all loans raised by the Government of India or by the Lieutenant Governor upon the security of the Consolidated Fund of the Capital] and all moneys received by the Capital in repayment of loans shall form one Consolidated Fund to be entitled “the Consolidated Fund of the National Capital Territory of Delhi” (referred to in this Act as the Consolidated Fund of the Capital). (2) No moneys out of the Consolidated Fund of the Capital shall be appropriated except in accordance with and for the purposes and in the manner provided in this Act. (3) The custody of the Consolidated Fund of the Capital, the payment of moneys into such Fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Lieutenant Governor with the approval of the President. **2[46A. Public Account of the Capital and moneys credited to it.—(1) As from such date as the** Central Government may, by notification in the Official Gazette, appoint in this behalf, all other public moneys received by or on behalf of the Lieutenant Governor shall be credited to a public account entitled “the Public Account of the Capital”. (2) The custody of public moneys, other than those credited to the Consolidated Fund of the Capital or the Contingency Fund of the National Capital Territory of Delhi, received by or on behalf of the Lieutenant Governor, their payment into the Public Account of the Capital and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by rules made by the Lieutenant Governor with the approval of the President.] **47. Contingency Fund of the Capital.—(1) There shall be established a Contingency Fund in the** nature of an imprest to be entitled “the Contingency Fund of the National Capital Territory of Delhi” into which shall be paid from and out of the Consolidated Fund of the Capital such sums as may, from time to time, be determined by law made by the Legislative Assembly; and the said Fund shall be held by the Lieutenant Governor to enable advances to be made by him out of such Fund. (2) No advances shall be made out of the Contingency Fund referred to in sub-section (1) except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislative Assembly under appropriations made by law. (3) The Lieutenant Governor may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the aforesaid Contingency Fund. **3[47A. Borrowing upon the security of the Consolidated Fund of the Capital.—(1) The executive** power of the Union extends to borrowing upon the security of the Consolidated Fund of the Capital, within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantee within such limits, if any, as may be so fixed: Provided that the powers exercisable by the Government of India under this sub-section shall also be exercisable by the Lieutenant Governor subject to such conditions, if any, as the Government of India may think fit to impose. 1. Subs. by Act 38 of 2001, s. 7, for “all loans advanced to the Capital from the Consolidated Fund of India” (w.e.f. 10-5-2006). 2. Ins. by, s. 8, ibid. (w.e.f. 10-5-2006). 3. Ins. by s. 9, ibid. (w.e.f. 10-5-2006). 22 ----- (2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund of the Capital. **47B. Form of accounts of the Capital.—The accounts of the Capital shall be kept in such form as** the Lieutenant Governor may, after obtaining advice of the Comptroller and Auditor-General of India and with the approval of the President, prescribe by rules.] **48. Audit reports.—The reports of the Comptroller and Auditor-General of India relating to the** accounts of the Capital for any period subsequent to the date referred to in sub-section (1) of section 46 shall be submitted to the Lieutenant Governor who shall cause them to be laid before the Legislative Assembly. **49. Relation of Lieutenant Governor and his Ministers to President.—Notwithstanding anything** in this Act, the Lieutenant Governor and his Council of Ministers shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the President. **50. Period of order made under article 239AB and approval thereof by Parliament.—(1) Every** order made by the President under article 239AB shall expire at the end of one year from the date of issue of the order and the provisions of clauses (2) and (3) of article 356 shall, so far as may be, apply to such order as they apply to a Proclamation issued under clause (1) of article 356. (2) Notwithstanding anything contained in sub-section (1), the President may extend the duration of the aforesaid order for a further period not exceeding two years from the date of expiry of the order under sub-section (1) subject to the condition that every extension of the said order for any period beyond the expiration of one year shall be approved by resolutions of both Houses of Parliament. **51. Authorisation of expenditure by President.—Where the Legislative Assembly is dissolved or** its functioning as such Assembly remains suspended, on account of an order made by the President under article 239AB, it shall be competent for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the Capital pending the sanction of such expenditure by Parliament. **52. Contracts and suits.—For the removal of doubts it is hereby declared that—** (a) all contracts in connection with the administration of the Capital are contracts made in the exercise of the executive power of the Union; and (b) all suits and proceedings in connection with the administration of the Capital shall be instituted by or against the Government of India. **53. Power of President to remove difficulties.—(1) If any difficulty arises in relation to the** transition from the provisions of any law repealed by this Act or in giving effect to the provisions of this Act and in particular in relation to the constitution of the Legislative Assembly, the President may by order do anything not inconsistent with the provisions of the Constitution or of this Act which appear to him to be necessary or expedient for the purpose of removing the difficulty: Provided that no order under this sub-section shall be made after the expiry of the three years from the date of constitution of the first Legislative Assembly. (2) Every order made under sub-section (1) shall be laid before each House of Parliament. **54. Laying of Rules before Legislative Assembly.—Every rule made by the Lieutenant Governor** under this Act shall be laid, as soon as it is made, before the Legislative Assembly. **55. [Amendment of section 27A of Act 43 of 1950.]—Rep. by the Repealing and Amending Act,** 2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). **56. Repeal of Act 19 of 1966.—The Delhi Administration Act, 1966 is hereby repealed.** 23 ----- THE SCHEDULE (See Sections 4, 12 and 43) FORMS OF OATHS OR AFFIRMATIONS I Form of oath 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 seat in the Legislative Assembly do [swear in the name of God] that I will bear true faith and allegiance to the Constitution of India 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 a member of the Legislative Assembly swear in the name of God do that I will bear true faith and allegiance to the Constitution of India as solemnly affirm by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.” 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 solemnly affirm Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties as a Minister, 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 solemnly affirm reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister except as may be required for the due discharge of my duties as such Minister”. 24 -----

31-Mar-1992

12

The Destructive Insects and Pests (Amendment and Validation) Act, 1992.

https://www.indiacode.nic.in/bitstream/123456789/19241/1/a1992-12.pdf

central

# THE DESTRUCTIVE INSECTS AND PESTS (AMENDMENT AND VALIDATION) ACT, 1992 ___________ ARRANGEMENT OF SECTIONS ____________ SECTIONS 1. Short title and commencement. 2. Amendment of section 3 of Act 2 of 1914. 3. Validation. 4. Repeal and saving. 1 ----- # THE DESTRUCTIVE INSECTS AND PESTS (AMENDMENT AND VALIDATION) ACT, 1992 ACT NO. 12 OF 1992 [31st March, 1992.] # An Act further to amend the Destructive Insects and Pests Act, 1914. BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:–– **1. Short title and commencement.––(1) This Act may be called the Destructive Insects and Pests** (Amendment and Validation) Act, 1992. (2) It shall be deemed to have come into force on the 27th day of October, 1989. **2.** [Amendment of section 3 of Act 2 of 1914.]––Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and Sch. (w.e.f. 3-9-2001). **3. Validation.––(1) Notwithstanding any judgment, decree or order of any court, tribunal or other** authority,–– (i) the notification No.S.O.867(E), dated the 27th October, 1989 issued under sub-section (1) of the section 3 of the principal Act, and (ii) any fees levied or collected or purported to have been levied or collected for making an application for a permit to import, or for making inspection, fumigation, disinfection, disinfestation or supervision of, any article or class of articles or any insect or class of insects under the principal Act or the said notification, shall, for all purposes, be deemed to be and to have always been validly issued or, as the case may be, levied or collected in accordance with the provisions of section 3 of the principal Act as amended by this Act, and accordingly–– (a) no suit or other proceeding shall be maintained or continued in any court for the refund of any fees so collected; (b) no court or other authority shall enforce any decree or order directing the refund of any fees so collected; (c) any fees levied or purported to have been levied but not collected, may be recovered under the principal Act as amended by this Act; and (d) anything done or any action taken or purported to have been done or taken under or for the purposes of the principal Act shall be deemed to have been validly done or taken in accordance with law as if the provisions of section 3 of the principal Act, as amended by this Act, had been in force at all material times. (2) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed as preventing any person–– (a) from questioning in accordance with the provisions of the principal Act, as amended by this Act, or the notification issued under section 3 of the principal Act, the levy or collection of such fees; or (b) from claiming refund of any fees paid by him in excess of the amount due from him under the principal Act, as amended by this Act, or the said notification. 2 ----- **4. Repeal and saving.––(1) The Destructive Insects and Pests (Amendment and Validation)** Ordinance, 1992 (Ord. 4 of 1992) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. 3 -----